enjoined from executing the awards of damages, prejudgment interest and attorneys' fees for 10 days from the date of this Opinion during which time defendant may post a bond in the full amount of those awards if it wishes to do so.
Pursuant to Fed. R. Civ. P. 62(c) it is within the discretion of the district court to suspend injunctive relief pending appeal. To obtain such a stay, an applicant must (i) make a strong showing that it is likely to succeed on the merits of the appeal; (ii) establish that unless a stay is granted it will suffer irreparable injury; (iii) show that no substantial harm will come to any other interested party; and (4) show that the public interest favors granting a stay. Hilton v. Braunskill, 481 U.S. 770, 776 (1987); see United States v. Eastern Air Lines, Inc., 923 F.2d 241, 244 (2d Cir. 1991); 11 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2904 (1973). Defendant has failed to carry its burden.
Defendant has not shown "a substantial possibility of success on the merits." United States v. Gelb, 826 F.2d 1175, 1177 (2d Cir. 1987). In its supporting memorandum, Texaco simply repeats objections and arguments that already have been considered by this Court over the years of litigation, during trial, and in resolving the motion for judgment notwithstanding the verdict. Significantly, defendant does not provide supporting legal argument or case law and instead relies solely on its bald assertion that it has "clearly 'raised serious legal questions.'" (Def. Mem. at 35) Thus, although defendant has provided a list of issues it wishes to raise before the Court of Appeals, it has not made the required "strong showing that [it] is likely to succeed on the merits." Hilton, 481 U.S. at 776.
Nor has defendant demonstrated that it will be irreparably harmed absent a stay. The requirement of irreparable harm is "applied more stringently after trial, on motions for stays pending appeal. . . . After judgment is entered, the propriety of the injury . . . has been judicially determined, and its imposition without further delay is surely more acceptable than prior to judgment." Hayes v. City University of New York, 503 F. Supp. 946, 964 (S.D.N.Y. 1980), aff'd, 648 F.2d 110 (2d Cir. 1981). Here, if the judgment is reversed on appeal, defendant can recover any additional wages paid plaintiff pursuant to the judgment. Defendant nevertheless contends that it would be "needlessly disruptive" to find a replacement for plaintiff's current position and to have to place plaintiff in a new position and then remove her if it prevails on appeal. Defendant also cites Thomas v. City of Evanston, 636 F. Supp. 587, 590 (N.D. Ill. 1986), for the proposition that it will be irreparably harmed because "it may well have difficulty recovering the money if it wins on appeal." Needless disruption and administrative inconvenience, however, are not the equivalent of irreparable injury. Nor are the attendant risks of litigation that may prove necessary to recoup additional wages paid Mrs. Malarkey pursuant to the judgment.
The key word in this consideration is irreparable. Mere injuries, however substantial, in terms of money, time and energy necessarily expended in the absence of a stay are not enough. The possibility that adequate compensatory or other corrective relief will be available at a later date . . . weighs heavily against a claim of irreparable harm. . . . Recoverable monetary loss may constitute irreparable harm only where the loss threatens the very existence of the movant's business.