United States District Court, D. New Jersey
McNULTY, United States District Judge
plaintiff has filed a complaint for damages against his
employer. I dismissed the original complaint without
prejudice to a motion to amend. (ECF nos. 50, 51) On April
28, 2017, I denied plaintiffs motion to file an amended
complaint and dismissed the action with prejudice. (ECF nos.
55, 56). The file was closed.
weeks later, on May 11, 2017, the plaintiff moved to
disqualify me and reassign the case to another judge. (ECF
no. 57) On May 23, 2017, he made a second submission in
further support of that application. (ECF no. 58) The file
was reopened for consideration of the motion. On June 7,
2017, I denied plaintiffs motion to reassign the case to
another judge. (ECF no. 59) Again, the file was closed.
5, 2017, plaintiff filed several motions supported by a
single affidavit (ECF no. 61-1): (a) a Motion Seeking
Substantive Relief (ECF no. 60); (b) a Motion for Stay of an
Order Pending Appeal (ECF no. 61); (c) a Motion Seeking
Relief of an Order (ECF no. 62); and (d) a Motion for New
Trial (ECF no. 63). The defendants have filed a response (ECF
no. 69), and the plaintiff has filed a reply (ECF no. 70).
10, 2017, the plaintiff filed a notice of appeal to the
United States Court of Appeals for the Third Circuit. (ECF
no. 65; assigned USCA Case No. 17-2942) The Court of Appeals
entered an order staying the appeal pending this Court's
decision on the motions filed on July 5, 2017. (ECF no. 68)
See Fed. R. App. P. 4(a)(4) (listing certain
district court motions that delay the running of the time to
following reasons, the motions (ECF nos. 60, 61, 62, 63) are
Motion Seeking Substantive Relief
has filed a Motion Seeking Substantive Relief pursuant to
Fed. R. App. P. 27(a)(2)(B)(iii). (ECF no. 60) That Rule
governs motions made to the Court of Appeals, seeking relief
from the Court of Appeals. The motion is not properly before
this federal district court. Accordingly, plaintiffs motion
(ECF no. 60) is DENIED without prejudice to renewal in the
Motion for Stay of an Order Pending Appeal
10, 2017, plaintiff filed a notice of appeal. In anticipation
of that filing, plaintiff filed a motion, pursuant to Fed. R.
App. P. 8(a)(1), for stay of an order pending appeal. (ECF
no. 61) Under that Rule, prior to moving the Court of Appeals
for a stay:
A party must ordinarily move first in the district court for
the following relief:
(A) a stay of the judgment or order of a district court
(B) approval of a supersedeas bond; or
(C) an order suspending, modifying, restoring, or granting an
injunction while an appeal is pending.
standard for obtaining a stay pending appeal is essentially
the same as that for obtaining a preliminary
injunction." Conestoga Wood Specialities Corp. v.
Secretary of U.S. Dept. of Health and Human Services,
2013 WL 1277419 at *1 (3d Cir. Feb. 8, 2013). Like most
preliminary injunctions, a stay pending appeal is governed by
four equitable factors:
"(1) whether the stay applicant has made a strong
showing that he is likely to succeed ...