Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 33 of 35
fil~~-1:1.~_ridge
instant case. i . see Kreisberg v.
732 F. 3d 131,
138
(2d Cir.
(~When,
2013)
may be
resolved on other grounds,
reach
a
constitutional
as here,
to
LLC,
a case
may decline to
courts
question
Mgmt._,
•avoid
deciding
constitutional issues needlessly.'").
III. STAY OF JUO?fENT
As the Court did in
p~
and QPe__!_!,
in light of the
implications of its ruling and the importance of the issues
involved,
the Court will stay enforcement of its judgment
pending appeal,
or for the Government to otherwise pursue
any alternate course of action,
intended
this
to give
Court,
appropriate
the Government
or
the
relief
confidentiality
for 90 days.
of
Court
it
any
may
the
of
opportunity to move
Appeals
seek
information
The stay is
for
to
whatever
maintain
implicated
by
the
the
Court's ruling.
For
opinion
Attachment
those
same
those
reasons,
sections
revealing
are redacted in
Decision and Order,
portions
the
the public
of
the
contents
filing
Court's
of
of
the
this
in order to preserve the Government's
opportunities for further appellate review of this Decision
--·-··--········------" As a result, the Court need not reach wheither strict scrutiny applies
to Merrill's claims. The Second Circuit fourid the procedural safeguard•
applied here are required under either ~trict •crutiny or a leas
exacting scrutiny. See ~-~BB:L, 549 F.Jd at 8'19, 882.
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