Case 3:18-cv-00023-SDD-EWD Document 83 02/26/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF LOUISIANA

ATCHAFALAYA BASINKEEPER,
LOUISIANA CRAWFISH PRODUCERS
ASSOCIATION-WEST, GULF
RESTORATION NETWORK,
WATERKEEPER ALLIANCE, and
SIERRA CLUB and its DELTA CHAPTER,
Plaintiffs,
v.
U.S. ARMY CORPS OF ENGINEERS, Case No. 3:18-cv-00023-SDD-EWD
Defendant,
BAYOU BRIDGE PIPELINE, LLC,
Intervenor-Defendant,
and
STUPP BROS, INC. D/B/A STUPP
CORPORATION,
Intervenor-Defendant.

______________________________

MOTION TO STAY PRELIMINARY INJUNCTION PENDING APPEAL

______________________________

NOW INTO COURT, through their undersigned counsel, comes Bayou Bridge Pipeline,

LLC, which moves this Honorable Court for an order staying the preliminary injunction entered

on February 23, 2018, pending appeal by Bayou Bridge, to the United States Court of Appeals

for the Fifth Circuit pursuant to Federal Rule of Civil Procedure 62(c). As outlined in greater

detail in the accompanying Memorandum of Law, Bayou Bridge brings this Motion on the basis

that it is (1) likely to succeed on the merits of an appeal of the preliminary injunction, (2) that it

will be irreparably injured absent a stay, (3) that a stay will not substantially injure the other
 Case 3:18-cv-00023-SDD-EWD Document 83 02/26/18 Page 2 of 3

parties to this proceeding, and (4) that a stay is in the public interest. See Chafin v. Chafin, 568

U.S. 165, 179 (2013).

This Motion is based on the attached Memorandum of Law and on other written and oral

arguments as may be presented to the Court.

Plaintiffs oppose this Motion; Stupp Bros., Inc. supports it; and the U.S. Army Corps of

Engineers needs additional time before taking a position on it.

Bayou Bridge respectfully requests that the Court resolve this Motion by the close of

business Tuesday, February 27, 2018, so that Bayou Bridge can promptly seek relief in the Fifth

Circuit if necessary. See Fed. R. App. P. 8(a)(1) (party seeking stay pending appeal must

“ordinarily move first in the district court”).

WHEREFORE, Bayou Bridge Pipeline, LLC, prays for an order of this Honorable Court

staying the preliminary injunction pending appeal.

[Signatures on following page.]

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Dated: February 26, 2018 Respectfully submitted:

/s/ Justin J. Marocco

James C. Percy (#10413)
Brandon K. Black (#24298)
Justin J. Marocco (#35226)
JONES WALKER, LLP
Four United Plaza
8555 United Plaza Boulevard
Baton Rouge, LA 70809
Telephone: (225) 248-2130
Facsimile: (225) 248-3130
jpercy@joneswalker.com

William S. Scherman (pro hac vice)

David Debold (pro hac vice)
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
Telephone: (202) 955-8500
Facsimile: (202) 467-0539
wscherman@gibsondunn.com

Counsel for Bayou Bridge Pipeline, LLC

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing motion and accompanying memorandum of

law has been served upon all counsel of record by filing the same in this Court’s CM/ECF

system this 26th day of February, 2018.

/s/ Justin J. Marocco