Dateline Resources (ASX:DTR) said the federal defendants have filed their own motion in the US District Court for the Central District of California seeking a stay of the August preliminary injunction pending appeal in the National Parks Conservation Association proceedings, according to a Monday filing with the Australian bourse.

The motion argues that the District Court erred regarding the "valid existing rights" savings clause in the California Desert Protection Act, the filing said.

A stay on the preliminary injunction would allow the company to resume operations at the Colosseum project while its appeal proceeds.

The stay motion is anticipated to be considered in October, per the filing.