Finger v. State Farm Fire and Casualty Insurance Company

Filing 77

ORDER granting 71 Motion to Stay as set out. Defendants supersedeas bond is APPROVED and that Defendants Motion to Stay (Doc. 71) isGRANTED. Further, Defendant is ORDERED to deposit the original supersedeas bond withthe Clerk of Court on or before August 1, 2011.. Signed by Judge Kristi K. DuBose on 7/28/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
VAN P. FINGER,

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Plaintiff,
vs.
STATE FARM FIRE AND CASUALTY
INSURANCE COMPANY,
Defendant.

CIVIL ACTION NO. 1:10-00192-KD-B

ORDER
This matter is before the Court on “Defendant State Farm Fire and Casualty Company’s
Motion to Stay Proceedings to Enforce the Judgment Pending an Appeal” (Doc. 71) and Plaintiff
Van P. Finger’s response (Doc. 76). Plaintiff does not object to the motion to stay. Plaintiff also
does not object to Defendant’s supersedeas bond, which has been calculated based on 13 days of
accrued postjudgment interest, but he reserves his right to recover all postjudgment interest that
has accrued or will accrue after this 13-day period, including all interest accruing during the
pendency of Defendant’s appeal and thereafter.
Therefore, pursuant to Federal Rule of Civil Procedure 62(d), it is ORDERED that
Defendant’s supersedeas bond is APPROVED and that Defendant’s Motion to Stay (Doc. 71) is
GRANTED. Further, Defendant is ORDERED to deposit the original supersedeas bond with
the Clerk of Court on or before August 1, 2011.
DONE and ORDERED this the 28th day of July 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE