No. 06-7182.United States Court of Appeals, District of Columbia Circuit.
Filed On: January 11, 2007.
BEFORE: Henderson, Randolph, and Tatel, Circuit Judges.
Per Curiam.
ORDER
Upon consideration of the motion for a stay pending appeal, the opposition thereto, and the reply; the motion for summary reversal, the opposition thereto, and the reply; and the motion for summary affirmance and the opposition thereto; it is
ORDERED that the motion for summary affirmance be granted and the motion for summary reversal be denied. The merits of the parties’ positions are so clear as to warrant summary action. See TaxpayersWatchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). The Anti-Injunction Act prohibits a federal court from granting “an injunction to stay proceedings in a State court except [1] as expressly authorized by Act of Congress, or [2] where necessary in aid of its jurisdiction, or [3] to protect or effectuate its judgments.”28 U.S.C. § 2283. This case concerns the third exception, which is known as the “relitigation” exception. “[A]n essential prerequisite for applying the relitigation exception is that the claims or issues which the federal injunction insulates from litigation in state proceedings actually have been decided by the federal court.” Chick Kam Choo v. ExxonCorp., 486 U.S. 140, 148 (1988). Because neither this court nor the district court actually decided the issue which appellants sought to insulate from litigation in the local District of Columbia courts, seeHoai v. Sun Refining and Marketing Co., Inc., 866 F.2d 1515 (D.C. Cir. 1989); Hoai v. Sun Refining and Marketing Co., 1990 U.S. Dist. LEXIS 13015 (D.D.C. Oct. 1, 1990), appellants’ requested injunction is not covered by the relitigation exception to the Anti-Injunction Act.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.