Bradshaw v. FFE Transportation Services, Inc. et al

Filing 111

ORDER granting 106 Motion For Stay Of Execution On Judgment And For Approval Of Supersedeas Bond. IT IS FURTHER ORDERED that the Supersedeas Bond attached to the Motion For Stay Of Execution And For Approval Of Supersedeas Bond is approved. FURTH ER, within three business days from the date of this Order, defendants file the original of the Supersedeas Bond with the Clerk of Court, and that, upon filing the original Supersedeas Bond with the Clerk of Court, execution on the Judgment in this matter will be stayed pending the outcome of defendants' appeal. Signed by Honorable Jimm Larry Hendren on February 23, 2012. (dmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JAMES BRADSHAW

PLAINTIFF

v.

Civil No. 09-6045

FFE TRANSPORTATION SERVICES, INC.;
and DAVID A. BOOKER, SR.

DEFENDANTS

O R D E R
Now

on

this

23rd

day

of

February,

2012,

comes

on

for

consideration defendants' Motion For Stay Of Execution On Judgment
And For Approval Of Supersedeas Bond (document #106), and the Court
finds and orders as follows:
1.

On January 17, 2012, a jury verdict was returned in this

case in favor of plaintiff James Bradshaw ("Bradshaw") and against
defendants FFE Transportation Services, Inc. ("FFE") and David A.
Booker, Sr. ("Booker"), in the amount of $1,000,000.00.

Judgment

on this jury verdict (plus costs) was entered on February 2, 2012,
in the sum of $1,002,130.26, with interest at the rate of .12% per
annum until paid.
2.

On February 14, 2012, FFE and Booker filed Notice Of

Appeal, as well as the motion now under consideration, to which a
copy of the proposed Supersedeas Bond is appended.

Plaintiff has

informed the Court that he has no objection to the form of the
bond.
3.

Pursuant to F.R.C.P. 62(d),

[i]f an appeal is taken, the appellant may obtain a stay
by supersedeas bond. . . . 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.
4.

Because Notice Of Appeal has been filed, and because the

Bond is in proper form, defendants' motion is well taken.

The

Supersedeas bond will be approved, and stay of execution will be
granted.
IT IS THEREFORE ORDERED that defendants' Motion For Stay Of
Execution

On

Judgment

And

For

Approval

Of

Supersedeas

Bond

(document #106) is granted.
IT IS FURTHER ORDERED that the Supersedeas Bond attached to
the Motion For Stay Of Execution And For Approval Of Supersedeas
Bond is approved.
IT IS FURTHER ORDERED that, within three business days from
the

date

of

this

Order,

defendants

file

the

original

of

the

Supersedeas Bond with the Clerk of Court, and that, upon filing the
original Supersedeas Bond with the Clerk of Court, execution on the
Judgment in this matter will be stayed pending the outcome of
defendants' appeal.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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