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Sunday, July 17, 2016

Neumann v Neumann, 2015 WL 3661907 (E.D. Michigan, 2016) [Mexico] [Federal & State Judicial Remedies] [Stay Pending Appeal Denied]

In Neumann v Neumann, 2015 WL 3661907 (E.D. Michigan, 2016) on May 17, 2016, the district court granted the petition for return in part and ordered Respondent Julie Neumann to return two of the three minor children, JSN and MKN, to Mexico by June 30, 2016.  Julie filed a motion to stay the Court’s return order pending appeal. The Court applied the four traditional stay factors which guide the Court’s analysis: “(1) whether the stay applicant has made a strong showing that [s]he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Chafin v. Chafin, 133 S. Ct. 1017, 1027 (2013). The Court denied Julie’s motion, concluding that none of the four factors relevant to the appropriateness of a stay weighed in favor of issuing one here.

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