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S.D.N.Y.-N.Y.C.
17-cv-6761
Failla, J.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square,
in the City of New York, on the 9th day of November, two thousand seventeen.
Present:
Dennis Jacobs,
Debra Ann Livingston,
Christopher F. Droney.
Circuit Judges
Plaintiff-Counter-Defendant - Appellee,
v. 17-3510
Defendant-Counter-Claimant - Appellant.
Appellant, through counsel, moves for an emergency injunction pending appeal of the district
courts denial of a preliminary injunction and for an expedited appeal. Upon due consideration, it
is hereby ORDERED that the Appellants motion for an injunction pending appeal is DENIED
because the Appellant has failed to meet the requisite standard. See LaRouche v. Kezer, 20 F.3d
68, 72 (2d Cir. 1994). The temporary stay entered on November 3, 2017, is terminated.
It is further ORDERED that, pursuant to Federal Rule of Appellate Procedure 2, this appeal shall
be heard on an expedited basis. The clerk of the court is accordingly directed to set an expedited
schedule and set this appeal for the next available calendar.