INDIANA STATE POLICE PENSION TRUST et al. v. CHRYSLER LLC et al. on applications for stay

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960 OCTOBER TERM, 2008
Per Curiam
INDIANA STATE POLICE PENSION TRUST et al. v.
CHRYSLER LLC et al.
on applications for stay
No. 08A1096. Decided June 9, 2009*
Held: The applications for stay are denied, and the temporary stay en
tered June 8, 2009, is vacated. Based on the record and proceedings,
applicants have not carried the burden of showing that the circum
stances here justify an exercise of the Court’s discretion to grant a stay.
Applications for stay denied; temporary stay vacated.
Per Curiam.
The applications for stay presented to Justice Ginsburg
and by her referred to the Court are denied. The tempo
rary stay entered by Justice Ginsburg on June 8, 2009,
is vacated.
A denial of a stay is not a decision on the merits of the
underlying legal issues. In determining whether to grant a
stay, we consider instead whether the applicant has demon
strated “(1) a reasonable probability that four Justices will
consider the issue sufficiently meritorious to grant certiorari
or to note probable jurisdiction; (2) a fair prospect that a
majority of the Court will conclude that the decision below
was erroneous; and (3) a likelihood that irreparable harm will
result from the denial of a stay.” Conkright v. Frommert,
post, at 1402 (Ginsburg, J., in chambers) (internal quotation
marks and alteration omitted). In addition, “in a close case
it may be appropriate to balance the equities,” to assess the
relative harms to the parties, “as well as the interests of the
public at large.” Ibid. (internal quotation marks omitted).
*Together with No. 08A1099 (08–1513), Center for Auto Safety et al. v.
Chrysler LLC et al., and No. 08A1100, Pascale v. Chrysler LLC et al., also
on applications for stay.

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Cite as: 556 U. S. 960 (2009) 961
Per Curiam
“A stay is not a matter of right, even if irreparable injury
might otherwise result.” Nken v. Holder, ante, at 433
(2009) (internal quotation marks omitted). It is instead an
exercise of judicial discretion, and the “party requesting a
stay bears the burden of showing that the circumstances jus
tify an exercise of that discretion.” Ante, at 433–434. The
applicants have not carried that burden.
“[T]he propriety of [a stay] is dependent upon the circum
stances of the particular case,” and the “traditional stay fac
tors contemplate individualized judgments in each case.”
Ibid. (internal quotation marks omitted). Our assessment
of the stay factors here is based on the record and proceed
ings in these cases alone.

Job: 556ORD Take: NOT1 Date/Time: 03-20-14 15:33:21
Reporter’s Note
The next page is purposely numbered 1101. The numbers between 961
and 1101 were intentionally omitted, in order to make it possible to publish
the orders with permanent page numbers, thus making the official cita
tions available upon publication of the preliminary prints of the United
States Reports.