
    TURNER CONSTRUCTION CO., INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and McCarthy/Hunt, JV, Defendant, and B.L. Harbert-Brasfield & Gorrie, JV, Defendant-Appellant.
    Nos. 2010-5146, 2010-5158.
    United States Court of Appeals, Federal Circuit.
    Dec. 8, 2010.
    Before LOURIE, MAYER, and DYK, Circuit Judges.
   ON MOTION

DYK, Circuit Judge.

ORDER

B.L. Harbert-Brasfield & Gorrie, JV, moves for a stay, pending disposition of this appeal, of the judgment entered by the United States Court of Federal Claims. Turner Construction Co., Inc. opposes. The United States opposes. B.L. Harbert-Brasfield & Gorrie replies.

To obtain a stay, pending appeal, a mov-ant must establish a strong likelihood of success on the merits or, failing that, nonetheless demonstrate a substantial case on the merits provided that the harm factors militate in its favor. Standard Havens Prods. v. Gencor Indus., 897 F.2d 511, 513 (Fed.Cir.1990) (citing Hilton v. Braunskill, 481 U.S. 770, 778, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987)). In deciding whether to grant a stay, pending appeal, this court “assesses the movant’s chances of success on the merits and weighs the equities as they affect the parties and the public.” E.I. DuPont de Nemours & Co. v. Phillips Petroleum Co., 835 F.2d 277, 278 (Fed.Cir.1987); see also Standard Havens Prods., 897 F.2d at 513.

Based on the arguments in the motions papers, and without prejudicing the ultimate disposition of this case by a merits panel, we determine that B.L. Harbert-Brasfield & Gorrie has not met its burden to obtain a stay of the judgment.

Upon consideration thereof,

It is Ordered that:

The motion is denied.  