Defendants appellants emergency motion for stay pending appeal and for an immediate stay during the

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: [phone]
MOTION INFORMATION STATEMENT
Docket Number(s) : Caption [use short title]
Motion for:
Set forth below precise, complete statement of relief sought:
MOVING PARTY: OPPOSING PARTY:
Plaintiff Defendant
Appellant/Petitioner Appellee/Respondent
MOVING ATTORNEY: OPPOSING ATTORNEY :
[name of attorney, with firm, address, phone number and e-mail]
Court-Judge/Agency appealed from:
Please check appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND
INJUNCTIONS PENDING APPEAL:
Has movant notified opposing counsel (required by Local Rule 27.1): Has request for relief been made below? Yes No
Yes No (explain): Has this relief been previously sought in this Court? Yes No
Requested return date and explanation of emergency:
Opposing counsel’s position on motion:
Unopposed Opposed Don’t Know
Does opposing counsel intend to file a response:
Yes No Don’t Know
Is oral argument on motion requested? Yes No (requests for oral argument will not necessarily be granted)
Has argument date of appeal been set? Yes No If yes, enter date:__________________________________________________________
Signature of Moving Attorney:
___________________________________ Date: ___________________ Service by: CM/ECF Other [Attach proof of service]
ORDER
IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED .
FOR THE COURT:
CATHERINE O’HAGAN WOLFE, Clerk of Court
Date: _____________________________________________ By: ________________________________________________
Form T-1080 (rev. 7-12)
12-3644
Stay Pending Appeal and Admin. Stay
Immediate administrative stay of district court
injunction and stay pending appeal.
Hedges, et al. v. Obama, et al.
Barack Obama, et al.
✔
Christopher Hedges, et al.
✔
Department of Justice, Room 3613
Bruce Ira Afran
10 Braeburn Drive
950 Pennsylvania Avenue NW
Princeton, NJ 08540
Washington, DC 20530
[phone]
[email protected] -- 202-514-3309 [email protected]
S.D.N.Y., Judge Forrest
✔
✔
Immediate.
✔
District court injunction injects dangerous confusion
✔
into the conduct of military operations abroad.
✔
✔
✔
August E. Flentje
✔
s/August E. Flentje 09/17/2012
Case: 12-3644 Document: 12-1 Page: 1 09/17/2012 721184 42

IN THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
___________________________________
)
CHRISTOPHER HEDGES, et al., )
)
Plaintiffs, )
) No. 12-3644
v. )
)
BARACK OBAMA, et al., )
)
Defendants. )
____________________________________)
DEFENDANTS-APPELLANTS’ EMERGENCY MOTION FOR STAY
PENDING APPEAL AND FOR AN IMMEDIATE STAY DURING THE
CONSIDERATION OF THIS MOTION
PREET BHARARA STUART F. DELERY
United States Attorney Acting Assistant Attorney General
BENJAMIN H. TORRANCE BETH S. BRINKMANN
CHRISTOPHER B. HARWOOD Deputy Assistant Attorney General
Assistant United States Attorneys
ROBERT M. LOEB
JEH CHARLES JOHNSON [phone]
General Counsel AUGUST E. FLENTJE
Department of Defense [phone]
Attorneys, Appellate Staff
Civil Division, Room 3613
Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530
Case: 12-3644 Document: 12-1 Page: 2 09/17/2012 721184 42