Opinion
Nos. 2010-5146, 2010-5158.
December 8, 2010.
Appeal from the United States Court of Federal Claims in case no. 10-CV-195, Senior Judge Bohdan A. Futey.
Before LOURIE, MAYER, and DYK, Circuit Judges.
ON MOTION
ORDER
B.L. Harbert-Brasfield Gorrie, JV, moves for a stay, pending disposition of this appeal, of the judgment entered by the United States Court of Federal Claims. Turner Construction Co., Inc. opposes. The United States opposes. B.L. Harbert-Brasfield Gorrie replies.
To obtain a stay, pending appeal, a movant must establish a strong likelihood of success on the merits or, failing that, nonetheless demonstrate a substantial case on the merits provided that the harm factors militate in its favor. Standard Havens Prods, v. Gencor Indus., 897 F.2d 511, 513 (Fed. Cir. 1990) (citing Hilton v. Braunskill, 481 U.S. 770, 778, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987)). In deciding whether to grant a stay, pending appeal, this court "assesses the movant's chances of success on the merits and weighs the equities as they affect the parties and the public." E.I. DuPont de Nemours Co. v. Phillips Petroleum Co., 835 F.2d 277, 278 (Fed. Cir. 1987); see also Standard Havens Prods., 897 F.2d at 513.
Based on the arguments in the motions papers, and without prejudicing the ultimate disposition of this case by a merits panel, we determine that B.L. Harbert-Brasfield Gorrie has not met its burden to obtain a stay of the judgment.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion is denied.