Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD Document 567-3 Filed O9/O2/2008 Page 1 of 2,
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D.Corm.
I 00-cv—835
. Droney, J.
Uni ed States Court of Appeals
Fon rim *
SECOND CIRCUIT
At a stated t im of the United States Court of Appeals for the Second
Circuit, held at the Daniel Patrick MoynihanUnited States Courthouse, at 500 Pearl
Street, in the City of N w York, on the 16th day of ocuober , two
thousand seven.
l Present:
‘ couar
Hon. Thonia J. Meskill, p 6/Nye? WE D op 4)%
Hon. Robert A. Katzmann, (,9 S}
. . - 5 Yu
zrcuzt Judges, g OCT 1 6 200-l
Hon. Edwaru R. Korman,* F _ as/\
’a!iiPIirm ' 8 W :a\ E P
I istrict Judge. gw
Indymac Mortgage Holdings nc., lndymac Inc., L
laintmYs—C0unter-Defendants,
Indymac Bank, FSB, . H
laintMAppelIee, I
v. 07-1256-cv (L)
' 07-2307-cv (Con)
` Mostafa Reyad, Wafa Reyad, i
I efendants-Counterclaimants- _
·ppellants.
Appellants move to stay exec tion of a judgment in favor of the Appellee upon allegedly exempt
properties. Upon due conside ation, it is ORDERED that the motion is DENIED without p Q
prejudice to renewal. The Appellants have not requested this specific relief in the district court
as required under Federal Rul of Appellate Procedure 8(a). Moreover, the Appellants have not
demonstrated that a stay is ne ded to prevent irreparable harm given that only monetary assets
are involved and because Co ecticut law, under which the writs of execution were issued, _
provides that an automatic sta is in place based on the Appellants’ tiling of their motion for
OCT l 6 2007
°The Honorable Edwa • R. Korman, United States District Judge for the Eastern District i
of New York, sitting by desig ation.

» Case 3:00-cv-00835-CFD Document 567-3 Filed O9/O2/2008 Page 2 of 2
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, ij exemptions in the district couit. See Conn. Gen. Stat. § 52-36lb(e); Rodriguez ex rel. Rodriguez
i v. DeBu0n0, 175 F.3d 227, 234 (2d Cir. 1998). This motion may be renewed following an appeal
I from the district court’s ruling n the exemption motion. The Appellants should note that any
future request for a stay should e made in the district court in the first instance.
Fora THE couizrz
Catherine O’Hagan Wolfe, Clerk
l ) V
SAO/ED