Plaintiff-appellee the United States submits this opposition to the application by non-party appellants Patrick Nee and Levy Messinetti for a stay of the entry of a consent decree agreed to by the parties (and already entered by the district court), while their appeal of a previous matter is pending. The application should be denied. First, Nee and Messinetti seek to challenge an order of the district court from which they never appealed, and accordingly this Court lacks jurisdiction. Second, their challenge rests on a misconstruction of the district court’s order, and a misreading of a passing remark by the district judge, and is accordingly meritless.
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