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Judicial Watch • Akina v Hawaii ninth circuit denial 15A551

Akina v Hawaii ninth circuit denial 15A551

Akina v Hawaii ninth circuit denial 15A551

Page 1: Akina v Hawaii ninth circuit denial 15A551

Category:Election Integrity

Number of Pages:2

Date Created:November 19, 2015

Date Uploaded to the Library:November 30, 2015

Tags:Cir, SLUMOATI, denying, disposition, pending, urgent, Stay, dktentry, Emergency, Appellants, Injunction, Appeals, PARTY, notice, appeal, motion, order, filed, document, court


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Case 1:15-cv-00322-JMS-BMK Document 122 Filed 11/19/15 Page
1667
KELlI AKIN al.,
Plaintiffs Appellants,
FILED
NOV 2015
UNITED STATES COURT APPEALS
FOR THE NINTH CIRCUIT
MOLLY DWYER, CLERK
U.S. COURT APPEALS
No. 15-17134
D.C. No. 15-cv-00322-JMSBMK
District Hawaii,
Honolulu
STATE HAWAll; al.,
Defendants Appellees.
ORDER
Before: FLETCHER, N.R. SMITH, and OWENS, Circuit Judges.
This preliminary injunction appeal. Appellants have filed urgent
motion enjoin, pending disposition this appeal, appellee Nai Aupuni from
counting votes election that concludes November 30, 2015.
The November 2015 submission non-party American Civil Rights
Union and the November 2015 submission non-party the United States are
construed requests for leave file briefs support opposition the
urgent motion. construed, the requests are granted. The respective briefs have
been considered for purposes disposition the urgent motion only.
The court has received the November 2015 Notice Absent Necessary
and Indispensable Party (the Notice) filed attorney Lanny Alan Sinkin
behalf non-party purporting the Kingdom Hawai the extent the
Notice seeks relief from this court, referred the panel assigned decide the
merits this appeal for whatever consideration the panel deems appropriate.
SLUMOATI
Case: 15-17134, 11/19/2015, ID: 9761870, DktEntry: 30, Page of2
Case 1:15-cv-00322-JMS-BMK Document 122 Filed 11/19/15 Page
1668 justify immediate injunction pending appeal, appellants must establish
(1) likelihood the success the merits the appeal; (2) that they are likely irreparably harmed the vote counting not enjoined pending disposition
the appeal; (3) that the balance the equities tips their favor; and (4) that
the public interest issue injunction pending disposition the appeal. See
Winter Natural Res. Def Council, Inc. 555 U.S. (2008); Alliance for the
Wild Rockies Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011). conclude that, this stage, appellants have not made the required show ing. Accordingly, the
urgent motion denied.
The previously established briefing schedule remains effect for this
appeal. the extent that any non-party seeks file amicus brief with respect the merits the preliminary injunction appeal, shall comply with Federal
Rule Appellate Procedure 29.
SLUMOATI
Case: 15-17134, 11/19/20 15, ID: 9761870, DktEntry: 30, Page
15-17134