Essex Electro Engineers, Inc. v. United States

433 F. App'x 901

• Court: Court of Appeals for the Federal Circuit
• Decided: February 9, 2011
• Docket: 2011-5016
• Status: Unpublished

Opinion

ON MOTION

LINN, Circuit Judge.

ORDER

Essex Electro Engineers, Inc., moves for a stay, pending disposition of this appeal, of various orders and the judgment entered by the United States Court of Federal Claims. Essex also moves for an injunction and submits a “supplemental motion” in which it raises new arguments. Aviation Ground Equipment Corp. opposes. The United States opposes.

To obtain a stay or an injunction, pending appeal, a movant must establish a strong likelihood of success on the merits or, failing that, nonetheless demonstrate a substantial case on the merits provided that the harm factors militate in its favor. Standard Havens Prods, v. Gencor Indus., 897 F.2d 511, 513 (Fed.Cir.1990) (citing Hilton v. Braunskill, 481 U.S. 770, 778, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987)). In deciding whether to grant a stay, pending appeal, this court “assesses the movant’s chances of success on the merits and weighs the equities as they affect the parties and the public.” E.I. du Pont de Nemours & Co. v. Phillips Petroleum Co., 835 F.2d 277, 278 (Fed.Cir.1987); see also Standard Havens Prods., 897 F.2d at 513.

Based on the arguments in the motions papers, and without prejudicing the ultimate disposition of this case by a merits panel, this court determines that Essex Electro Engineers, Inc. has not met its burden to obtain a stay or an injunction. Accordingly,

It Is Ordered That:

The motions are denied.