Tom Brady, et al vs National Football League, Defendants, Appellants

Appeal from the United States District Court for the District of Minnesota.

Before BYE, COLLOTON, and BENTON, Circuit Judges.

The motion of appellants National Football League, et al., for a temporary stay of the district court’s order dated April 25, 2011, pending a decision by this court on the appellants’ motion for a stay pending appeal, has been considered by the court and is granted. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for a stay pending appeal. See, e.g., In re Grand Jury Proceedings, 841 F.2d 230, 232 (8th Cir. 1988) (describing grant of temporary stay to consider motion for stay pending appeal); see also Cobell v. Norton, No. 03-5262, 2004 WL 603456, at *1 (D.C. Cir. 2004) (describing administrative stay procedure); Arnold v. Garlock, Inc., 278 F.3d 426, 433 (5th Cir. 2001) (describing implementation of temporary stay to provide sufficient time to consider fairly whether a formal stay pending appeal should issue); Twelve John Does v. District of Columbia, 841 F.2d 1133, 1137 (D.C. Cir. 1988) (describing entry of a temporary administrative stay to permit time for full consideration of motions). The district court’s order of April 25, 2011, is temporarily stayed.

BYE, Circuit Judge, dissenting.

I respectfully dissent from the panel's decision to grant a temporary stay of the district court's order pending a decision by this court on the National Football League's (NFL) motion for a stay pending appeal. The NFL moved for such a temporary stay pursuant to Rule 27A(b)(4) of the Eighth Circuit Local Rules. Rule 27A(b)(4) was adopted pursuant to Rule 27(c) of the Federal Rules of Appellate Procedure, which authorizes a single judge to entertain particular "motion[s] or class of motions."…… (Read PDF for full details)

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