Emergency MTN for temp stay pending appeal to 5th CIR

IN THE

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______

NO. __________

___________________,

Plaintiff-Appellee,

vs.

______________, and

______________ COMPANY,

Defendants-Appellants,

_______

CERTIFICATE OF CONFERENCE

On __________, a conference was held with _________, attorney for opposing party, on the merits of Defendants' Memorandum in Support of Motion for Temporary Stay Pending Appeal. Agreement could not be reached; therefore, it is presented to the Court for a determination.

______________________________

Attorney

APPELLANTS' EMERGENCY MOTION

FOR TEMPORARY STAY PENDING APPEAL

To Said Honorable Court:

Pursuant to Fed. R. App. P. 8, Appellants ___________ and ___________ Company (collectively "Defendants") move this Court to stay proceedings temporarily in the matter styled _________________, Case No. _________, United States District Court for the ________ District of Texas, _________ Division, pending a resolution of the merits of this appeal.

I. JURISDICTION

This Court has jurisdiction to hear this appeal pursuant to Fed. R. App. P. 8. Defendants have met all jurisdictional prerequisites by first filing this motion in the district court, which denied said motion.

Jurisdiction is also proper pursuant to the court-created doctrine that filing a notice of appeal confers jurisdiction on a court of appeals and divests the district court. Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 59 (1982).

II. PROCEDURAL PREREQUISITES MET

Defendants have complied with Fed. R. App. P. 8 and Local Rule 8 of the United States Court of Appeals for the Fifth Circuit. Attached as exhibits to this motion are the Petition and First Amended Complaint to the district court, each brief or memorandum of authorities filed by all parties in the district court, the application to the district court for a stay, the district court's order denying the stay and the statement of reasons for its action and affidavits and other evidence concerning any disputed facts.

III. SUMMARY OF FACTS

Plaintiff was an independent contractor selling securities on behalf of the Defendants. Because of Plaintiff's poor performance, including his failure to make enough commissions to cover his expenses, Defendants terminated their relationship with Plaintiff.

IV. SUMMARY OF PROCEDURAL BACKGROUND

Plaintiff filed an age discrimination charge, which the EEOC summarily dismissed. Plaintiff filed an age discrimination...