Free Motion to Stay - District Court of Delaware - Delaware

Case 1 :08-cv-00246-RLB Document 17 Filed 08/29/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: W.R. Grace & Co., et al., )
Dgbtgyg, g CIVIL ACTION NO. 08-246
g BANKRUPTCY CASE NO. 01-1139
W.R. GRACE & CO., et cz/., ) ADV. PROC. NO. 01-771
Appellants, §
V )
` )
LIBBY CLAIMANTS, i
Appellees. g
STATE OF MONTANA’S MOTION FOR STAY PENDING APPEAL
Pursuant to Rule 8005 of the Federal Rules of Bankruptcy Procedure, Rule 62 of the
Federal Rules of Civil Procedure and Federal Rule of Appellate Procedure 8, Appellant State of
Montana ("Montana’°) respectfully moves this Court for an order staying state court actions
brought against Montana during the pendency of Montana’s appeal to the United States Court of
Appeals for the Third Circuit from the Memorandum and Order entered in this action on August
12, 2008 [D.I. 15], affirming the Bankruptcy Court’s Order, dated April 13, 2007, which had
denied Debtors’ Motion to Expand the Preliminary Injunction to Include Actions Against the
State of Montana (Adv. Pro. D.I. 419). As grounds for this Motion and filed herewith is
Montana’s Brief in Support of its Motion for Stay Pending Appeal.
61609

Case 1:08-cv-00246-RLB Document 17 Filed 08/29/2008 Page 2 of 2
WHEREFORE, Montana respectfully requests that this Court (i) stay the state court
actions brought against the State of Montana; and (ii) grant Montana such other and further relief
as is just and proper.
Dated: August 29, 2008
Francis A. lél aco, Jr. (#31178)
Kevin Mangan (#3810)
Womble Carlyle Sandridge & Rice, PLLC
222 Delaware Avenue, 15th Floor
Wilmington, DE 19801
(302) 252-4320
Counsel for the State of Montana
- 2 -
WCSR 3969318vl

Case 1:08-cv-00246-RLB

Document 17

Filed 08/29/2008

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Case 1:08-cv-00246-RLB

Document 17

Filed 08/29/2008

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