IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _________________________________ ) ) DANIEL J. BERNSTEIN, ) ) Plaintiff-Appellee, ) ) v. ) No. 97-16686 ) DEPARTMENT OF COMMERCE, et al., ) ) Defendants-Appellants. ) ) _________________________________) MOTION FOR LEAVE TO FILE REPLY TO APPELLEE'S OPPOSITION TO EMERGENCY MOTION FOR STAY PENDING APPEAL The Department of Commerce hereby moves for leave to file a reply to appellee Daniel Bernstein's opposition to the Department's motion for a stay pending appeal. The Department has prepared a reply to Bernstein's opposition and is filing the reply in conjunction with this motion. The reply responds to Bernstein's contentions regarding the merits of the district court's First Amendment ruling and the balance of harms between the parties. The Department believes that the reply will assist this Court in determining whether the Department has made the requisite showing for a stay pending appeal.