All-Ways Logistics Inc v. USA Truck Inc et al

Filing 233

ORDER granting 229 Motion to renew and increase supersedeas bond to $5,500,000 ; granting 231 Motion to supplement bond and to continue stay of execution on judgment to the extent it only seeks to extend the letter of credit by one year and the Court additionally grants the motion to continue stay of execution on the amended judgment and this Court's December 2007 postjudgment order pending the 8th Circuit's resolution of the USA's appeal. Signed by Judge Susan Webber Wright on 8/26/09. (dac)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ALL-WAYS LOGISTICS, INC., Plaintiff, vs. * * * * * * * * * * ORDER Previously, the Court granted All-Ways Logistics, Inc.'s ("All-Ways") motion to renew and increase supersedeas bond and ordered USA Truck, Inc. and USA Logistics (collectively, "USA") to renew and increase security to guarantee the payment of all sums due up to $5,000,000. The Court later granted USA's supplemental motion for stay of execution on judgment and approval of supersedeas bond, which increased the original letter of credit amount to $5,000,000 and extended the letter of credit by one year, from August 20, 2008 to August 20, 2009. Now before the Court is All-Ways' motion [doc.#229] to renew and increase supersedeas bond to $5,500,000. USA objects, noting that it has already extended the letter of credit by one year (to August 20, 2010),1 that the United States Court of Appeals for the Eighth Circuit should issue an opinion on its appeal at any time now, and that any interest-related overrun will be

No. 3:06cv0087 SWW

USA TRUCK, INC. and USA LOGISTICS, Defendants.

USA has filed a motion [doc.#231] to supplement bond and to continue stay of execution on judgment. The motion to supplement is granted to the extent it only seeks to extend the letter of credit by one year (which has already taken place) and the Court additionally grants the motion to continue stay of execution on the amended judgment and this Court's December 2007 postjudgment order pending the United States Court of Appeals for the Eighth Circuit's resolution of USA's appeal. Although a copy of the original amendment to the letter of credit is attached to USA's motion to supplement bond and to continue stay of execution on judgment, USA subsequently provided the Court with the original amendment to the letter of credit. That original amendment is to be maintained in the Clerk's office.

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negligible to a company as financially strong as USA. However, there is no real dispute that the total judgment will exceed $5,000,000 on or about August 29, 2009, and a supersedeas bond must normally be in a sum sufficient to pay the judgment and costs, interest, and damages for delay. Church & Dwight Co., Inc. v. Abbott Laboratories, 2009 WL 2230941, at *17 (D.N.J. 2009) (internal quotation marks omitted). This case does not present circumstances that warrant departure from the usual rule that the amount of the bond should match the amount of the judgment, see Farm Bureau Life Ins. Co. v. American Nat. Ins. Co., 2009 WL 961171, at *3 (D.Utah 2009), and based on USA's own admissions, requiring USA to post a bond sufficient to guarantee the payment of all sums due up to $5,500,000 would not financially compromise the company. See id. Accordingly, All-Ways' motion to renew and increase supersedeas bond to $5,500,000 is hereby granted.

IT IS SO ORDERED this 26th day of August 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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