"Under the circumstances—including the lack of evidence regarding harm that Nike will suffer, the brevity of the stay, and New Balance's commitment to continue collecting discovery from its foreign manufacturers—Nike has not 'show[n] undue prejudice separate from the delay itself,'" the court said.
The court's largest deductions were $2,000 for expenses the plaintiffs billed for that were not covered by standards outlined in 28 U.S.C. §§ 1821 and 1920 and over $1,330 docked for fee-petition work based on precedent from the U.S. Court of Appeals for the First Circuit in Brewster v. Dukakis.
The Corporation for Public Broadcasting plaintiffs "failed to carry their burden of establishing a likelihood of irreparable harm," U.S. District Judge Randolph D. Moss wrote in an order denying a preliminary injunction motion in a case challenging President Donald Trump's removal of CPB board members.