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Defendants Motion to Stay

Defendants Motion to Stay

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Published by Andrea Rael
Dougco Voucher motion to stay injunction
Dougco Voucher motion to stay injunction

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Published by: Andrea Rael on Aug 29, 2011
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08/29/2011

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{A0200470 / 1}
 
DISTRICT COURT, COUNTY OF DENVER STATE OF COLORADO
 1437 Bannock StreetDenver, CO 80202
 
Plaintiffs
: JAMES LARUE, et al.vs.
Defendants
: COLORADO BOARD OF EDUCATION, et al.,
Intervenors
: FLORENCE DOYLE, et al.,
ANDPlaintiffs
: TAXPAYERS FOR PUBLIC EDUCATION, et al.,vs.
Defendants
: DOUGLAS COUNTY SCHOOL DISTRICT RE-1, et al.
 
 Attorneys for Defendants: Douglas County Board of Education and Douglas County School District:
Names: James M. Lyons, #882Eric V. Hall, #32028Michael Francisco, #39111Firm: Rothgerber Johnson & Lyons LLPAddress: One Tabor Center, Suite 30001200 Seventeenth StreetDenver, Colorado 80202Tel: 303.623.9000Fax: 303.623.9222E-Mail: jlyons@rothgerber.com ehall@rothgerber.com mfrancisco@rothgerber.com 
COURT USE ONLY
 
Case No.: 11cv4424Combined with:Case No.: 11CV4427Courtroom: 259
 JOINT MOTION TO STAY INJUNCTION PENDING APPEAL
Defendants Douglas County School District and Douglas County Board of Education, jointly with Defendants Colorado State Board of Education, Colorado Department of Education,Defendant-Intervenors Florence, Derrick, Alexandra, and Donovan Doyle; Defendant-Intervenors Diana, Mark, and Nathaniel Oakley; and Defendant-Intervenors Jeanette Strohm-Anderson and Mark and Max Anderson; (collectively, “Defendants”), through their undersigned
 
2counsel and pursuant to C.R.C.P. 62(b) and (c), submit the following Motion to Stay InjunctionPending Appeal or, in the alternative, for a Discretionary Stay, and state as follows:1.
 
On August 12, 2011, this Court entered an Order denying Defendants’ Motion toDismiss and Granting Plaintiffs’ Motions for Preliminary Injunction (the "Order"). The Ordergranted Plaintiffs a permanent injunction following the three-day hearing held August 2 through4, 2011.2.
 
The Defendants intend to appeal this Order to the Colorado Court of Appeals, andwill file (within the allowed time on or before September 26, 2011) a Notice of Appeal.
Stay Injunction Pending Appeal
3.
 
Pursuant to C.R.C.P. 62(c), the Defendants respectfully request that this Courtstay the Order and injunction pending appeal, exercising its discretion to “suspend … aninjunction during the pendency of the appeal upon such terms as to bond or otherwise as itconsiders proper for the security of the rights of the adverse party.”4.
 
The interests of justice favor a stay pending appeal of the injunction, as evidencedby the substantial public impact of the permanent, mandatory injunction issued just as the schoolyear begins for the nearly 500 scholarship students, private schools, and public schools. As thiscourt recognized in the Order, “granting the Plaintiffs’ request for injunctive relief willundoubtedly result in significant hardships for the families already selected for enrollment in theScholarship Program, as well as the Private School Partners (for instance, the WoodlandsAcademy) that have relied on the Scholarship Program’s implementation.” Order at p.29.
Discretionary Stay
5.
 
In the alternative, pursuant to C.R.C.P. 62(b), the Defendants respectfully requestthat the Court stay the Order and injunction “during the time permitted for filing of a notice of appeal.” C.R.C.P. 62(b)(3).6.
 
A discretionary stay is expressly authorized under the circumstances of this caseby C.R.C.P. 62(b)(3), and it will be in the interests of justice to preserve the status quo pendingDefendants’ preparation of a Notice of Appeal.WHEREFORE, Defendants request that this Motion be granted, and that the injunctionentered against Defendants in this case be stayed pending appeal, or alternatively stayed duringthe time permitted for Defendants’ filing of a notice of appeal, i.e. through September 26, 2011A proposed form of Order Staying Injunction Pending Appeal Pursuant to C.R.C.P.62(b)(3) or (c) is submitted herewith.
 
3
C.R.C.P. 121 § 1-15 CERTIFICATE OF CONFERENCE
Undersigned counsel conferred in good faith with Plaintiffs’ counsel, Mike McCarthyand Matthew Douglas, regarding the contents of this motion. They oppose the motion.ROTHGERBER JOHNSON & LYONS LLP
s/ Michael Francisco
James M. LyonsEric V. HallMichael Francisco
 Attorneys for Defendants Douglas County Board of  Education and Douglas County School District 
JOHN W. SUTHERSAttorney General /s/ 
 Antony B. Dyl
 Original signature on file at the Colorado AttorneyGeneral’s OfficeAntony B. Dyl, #15968*Senior Assistant Attorney GeneralGeoffrey N. Blue, #32684*Deputy Attorney GeneralEducation UnitState Services SectionAttorney for Petitioners1525 Sherman Street, 7th FloorDenver, CO 80203Telephone: (303) 866-5380*Counsel of Record

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