Nassar et al v. Jackson et al

Filing 120

ORDER denying without prejudice 112 and 113 Defendants' Motion to Stay. Signed by Judge Susan Webber Wright on 2/8/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RAY NASSAR and GENA SMITH,
Plaintiffs
V.
EARNESTINE JACKSON, individually
and in her official capacity as a Hughes
School Board Member, ET AL.

*
*
*
*
*
*
*
*
*

NO: 3:11CV00133 SWW

Defendants
ORDER
This action came on for trial on January 14, 2013. On January 24, 2013, pursuant to jury
verdicts rendered on January 22, 2013, the Court entered judgment in plaintiffs’ favor against
defendants Hughes School District, Earnestine Jackson, and Jimmy Wilkins. Now before the
Court is Defendants’ motion to stay proceedings to enforce the judgment (docket entry #112 and
#113) and Plaintiffs’ response in opposition (docket entry#114).1 After careful consideration,
and for reasons that follow, Defendants’ motion is denied without prejudice. In the event that
Defendants file a notice of appeal, they may obtain a stay by supersedeas bond pursuant to Fed.
R. Civ. P. 62(d). Absent a supersedeas bond, the Court will not stay enforcement of the
judgment as to any defendant in this case.
Rule 62(d) of the Federal Rules of Civil Procedure, provides:
If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in
an action described in Rule 62(a)(1) or (2). The bond may be given upon or after
filing the notice of appeal or after obtaining the order allowing the appeal. The stay
takes effect when the court approves the bond.

1

The Court notes that Defendant Wilkins has filed a separate motion to stay enforcement
of the judgment and for approval of a supersedeas bond. See docket entries #117, #118.
However, the time for filing a response to that motion has not expired.

Fed. R. Civ. P. 62(d). Defendants ask the Court to stay enforcement of the judgment
without a supersedeas bond, stating as follows:
Defendants have $450,000.00 in reserve funds in addition to regular receipts and
other assets. Therefore, there is no evidence of any risk of the Defendants[’]
insolvency or inability to satisfy the full judgment plus accumulated interest upon
ultimate disposition of the case[,] and this court is therefore permitted to order an
unsecured stay.
Docket entry #112, at 2. Defendants add that if the Court orders a supersedeas bond, they “will
be expending taxpayer funds and such is not in the best interest of the taxpayer of the school
children impacted by such expenditure.” Id.
Although some courts have held that a district court may waive bond if the judgment
debtor has a clear ability to pay the amount of judgment, Defendants have failed to make such a
showing. In accordance with Rule 62(d), the Court will stay proceedings enforcing the
judgment in this case only upon posting of a supersedeas bond in the amount of the judgment and
post-judgment interest pursuant to 28 U.S.C. § 1961(a), which should be calculated based upon a
period of 18 months because of the uncertain completion date of the appeal process.
IT IS THEREFORE ORDERED that Defendants’ motion to stay enforcement of the
judgment is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED THIS 8TH DAY OF FEBRUARY, 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2