ORDER

This matter is before the Court on Defendants’ Motion pursuant to Rule 62 of the Federal Rules of Civil Procedure for a Stay of its Order of April 3,1998.

In that Order the Court, following a hearing, granted Plaintiffs’ Motion for Summary Judgment as to the Twelfth Congressional District and granted Plaintiffs’ Motion for a Preliminary Injunction and Plaintiffs’ request for a Permanent Injunction. In the instant Motion, the Defendants request that this Court stay the April 3 Order “so that the congressional elections process which have [sic] already began [sic] may continue as scheduled.”

The Court now DENIES the Defendants’ Motion for a Stay. As stated in the Court’s previous Order, a Memorandum and Opinion will be filed forthwith on the merits of its Order filed at 5 p.m. on April 3, 1998. The Court filed an Order without a supporting Memorandum to afford the parties notice of the Court’s ruling and to avoid the unnecessary passage of time in the crafting of a remedy.

This Order is entered into by a majority of the three-judge panel. Circuit Judge Sam J. Ervin, III, dissents.

SO ORDERED.