C.B. v. Sonora School District, et al.

Filing 227

ORDER Granting Defendants' Request for Court Approval of Bond and to Stay Enforcement of Judgment Pending Appeal signed by Chief Judge Anthony W. Ishii on 11/18/2011. (Flores, E)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 8 9 C.B., a minor, 10 Case No. 1:09-CV-285-AWI-SMS Plaintiff 11 v. 12 SONORA SCHOOL DISTRICT; KAREN SINCLAIR; CITY OF SONORA; CHIEF OF POLICE MACE MCINTOSH; OFFICER HAL PROCK; DOES 1-10, 13 [ORDER GRANTING DEFENDANTS’ REQUEST FOR COURT APPROVAL OF BOND AND TO STAY ENFORCEMENT OF JUDGMENT PENDING APPEAL 14 Defendants 15 16 17 Defendants, CITY OF SONORA, CHIEF OF POLICE MACE MCINTOSH and OFFICER 18 HAL PROCK’S request for court approval of bond and stay of proceedings to enforce judgment 19 pending appeal has been considered by this Court. The Court had previously ordered that this 20 matter would not be stayed, but, if Defendants wished to postpone execution of judgment, then the 21 filing of a supersedeas bond in the amount of 125% of the judgment, i.e. $542,385.36, would be 22 required. See Court’s Docket Doc. No. 217. Defendants have filed a notice of deposit of funds 23 with the Court in the amount of $542,385.36. The notice indicates that the funds may be applied 24 to enforce the Defendants’ liability in this matter if their appeal is unsuccessful and once all 25 appellate remedies have been exhausted. See id. at Doc. No. 225-1. It appears that Defendants 26 have followed this Court’s previous order, as well as Local Rule 151(h). The Court will approve 27 the deposited funds as a supersedeas bond. See Fed. R. Civ. Pro. 62(d); Local Rule 151(h); Court’s 28 Docket Doc. No. 217. K:\AWI\To_Be_Signed\09cv 285.o.CB approval of deposited funds as supersedeas & stay.wpd 1 ORDER GRANTING MOTION 1 Accordingly, IT IS HEREBY ORDERED that the court approves the agreement and 2 deposit of funds in lieu of a bond pursuant to Local Rule 151(h), and orders a stay of proceedings 3 to enforce the judgment against defendants pending an appeal pursuant to Rule 62(d). 4 IT IS SO ORDERED. 5 6 Dated: 0m8i78 November 18, 2011 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K:\AWI\To_Be_Signed\09cv 285.o.CB approval of deposited funds as supersedeas & stay.wpd 2 ORDER GRANTING MOTION

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