Free Motion to Stay - District Court of Colorado - Colorado

Case 1:02-cv-02220-PSF-PAC

Document 112-3

Filed 06/21/2005

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EXHIBIT 2 TO DEFENDANT'S MOTION FOR STAY AND FILING OF SUPERSEDEAS BOND

Case 1:02-cv-02220-PSF-PAC

Document 112-3

Filed 06/21/2005

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

RAY LEVELLE,

Plaintiff - Appellee,
v.

No. 05-1216

PENSKE LOGISTICS, a subsidiary of Penske Truck Leasing Corporation, Defendant - Appellant.

ORDER Filed May 25, 2005 Before HENRY and HARTZ, Circuit Judges. Appellant Penske Logistics seeks an order staying execution of the judgments entered against it in the district court. In order to obtain a stay, Penske must make adequate showings with respect to the following four factors: "(1) the likelihood of success on appeal; (2) the threat of irreparable harm if the stay or injunction is not granted; (3) the absence of harm to opposing parties if the stay or injunction is granted; and (4) any risk of harm to the public interest." FTC v.

Case 1:02-cv-02220-PSF-PAC

Document 112-3

Filed 06/21/2005

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Mainstream Mktg. Servs., Inc., 345 F.3d 850, 852 (10th Cir. 2003) (per curiam). Penske has not made an adequate showing of irreparable harm. The motion is DENIED.1

Entered for the Court PATRICK FISHER, Clerk
By:

Deputy Cler

We note that Penske could still obtain a stay - even without demonstrating irreparable harm -- by posting a supersedeas bond pursuant to Fed. R. Civ. P. 62(d).
-2-

1

Case 1:02-cv-02220-PSF-PAC

Document 112-3

Filed 06/21/2005

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Mr. Franklin A. Nachman

Littler Mendelson
1200 17th St. #1300 Denver, CO 80202-5835