|
Normally, in a civil case (such as this), the losing party has 30 days to file their NOTICE of Appeal, from the date that the entry of Judgment is made by the court clerk (Rule 4(a)(1)(A)).
Because the defendant (D.C.) is a Federal Agency, they come under Rule 4(a)(B)(ii), which gives them 60 days to file their NOTICE of Appeal.
Time starts the day after the court clerk files the Judgment. The clerk entered the judgment yesterday, the 29th. So today counts as the first day. Therefore, D.C. has until Friday the 26th of Sept. to file their NOTICE of Appeal. The current stay runs out on Oct. 27th. This allows D.C. to request a 30 day extension of time to file.
The Judge deliberately set up this time frame, to account for this. So I don't believe he will grant the additional 90 days (the Motion for 180 days Stay).
However, once the City files their Notice of Appeal, they can then ask the Motions panel of the circuit for a stay, pending appeals, and it will likely be granted.
This is why I say that the City has only two choices. Appeal or re-write their laws.
The other thing to consider, is that according to the judgment, whatever the City provides, it will be a "shall issue" law (however many hoops they impose upon the applicants).
|