In re: Elon Musk, in his official capacity
U.S. Court of Appeals for the D.C. Circuit
In re: Elon Musk, in his official capacity
Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 25-5072 September Term, 2024
1:25-cv-00429-TSC
Filed On: March 26, 2025
In re: Elon Musk, in his official capacity, et al.,
Petitioners
BEFORE: Henderson, Millett, and Walker, Circuit Judges
ORDER
Upon consideration of the petition for writ of mandamus, the response thereto,
and the reply; and the emergency motion for stay, the responses thereto, and the reply,
it is
ORDERED that the emergency motion for stay be granted and the district court’s
March 12, 2025 order be stayed pending further order of this court. Petitioners have
satisfied the stringent requirements for a stay. See Nken v. Holder, 556 U.S. 418, 434(2009); D.C. Circuit Handbook of Practice and Internal Procedures 33 (2024). In particular, petitioners have shown a likelihood of success on their argument that the district court was required to decide their motion to dismiss before allowing discovery. See generally Cheney v. U.S. Dist. Ct. for D.C.,542 U.S. 367
, 389–90 (2004). The
parties are directed to promptly notify this court upon the district court’s disposition of
petitioners’ motion to dismiss. It is
FURTHER ORDERED, on the court’s own motion, that case No. 25-5072 be
held in abeyance pending further order of this court.
Per Curiam
FOR THE COURT:
Clifton B. Cislak, Clerk
BY: /s/
Selena R. Gancasz
Deputy Clerk
Reference
- Status
- Published