Ismaili.NET - Heritage F.I.E.L.D.

Context for this motion

The final order is quite broad and involves accounting and document disclosure that may be lengthy.

This final order is being appealed by the defendants.

The Plaintiff's counsel is insisting on applying the order without awaiting the appeal resolution.

Defendants therefore filed a motion to stay the Order pending the Appeal of the Summary Judgment.

The Motion for Stay of the Order, Pending Appeal

On April 21, 2011, the defendants filed one motion to Stay the Order pending Appeal with:

A New Affidavit From Tajdin dated 2011-04-12

A Motion Memorandum elaborating the above 4 points dated 2011-04-21

In order for a Stay to be granted, the defendants must show that:

1- There is cause for appeal

Defendants drew form their notice of Appeal to show that there is cause for Appeal

2- Proceeding with the Order will cause irreparable harm

The main harm is that although no distributed books have been ordered to be returned, the Plaintiff's counsel is insisting as Sachedina has done all along to find out information about people who have received books. Revealing this before appeal would be an irreparable breach of privacy and may cause irreparable harm and harassment to any person whose name may come up.

3- Delaying the Order will not harm the Plaintiff

Delaying costs cannot harm the Plaintiff, and The Plaintiff's counsel has not been in a hurry to stop the distribution and has not asked for any injunction last year until summary judgment.

4- The balance of convenience favours the Stay of the Order.

Since the Order can cause irreparable harm, the balance tips in the favour of Staying the order. And in any case, it is a better use of resources to delay the application of the Order rather than to engage a lengthy process of investigation at this point, when an appeal may very well reverse the Order