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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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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C.B., a minor,

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Case No. 1:09-CV-285-AWI-SMS
Plaintiff

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v.

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SONORA SCHOOL DISTRICT; KAREN
SINCLAIR; CITY OF SONORA; CHIEF OF
POLICE MACE MCINTOSH; OFFICER
HAL PROCK; DOES 1-10,

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[ORDER GRANTING DEFENDANTS’
REQUEST FOR COURT APPROVAL
OF BOND AND TO STAY
ENFORCEMENT OF JUDGMENT
PENDING APPEAL

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Defendants
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Defendants, CITY OF SONORA, CHIEF OF POLICE MACE MCINTOSH and OFFICER

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HAL PROCK’S request for court approval of bond and stay of proceedings to enforce judgment

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pending appeal has been considered by this Court. The Court had previously ordered that this

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matter would not be stayed, but, if Defendants wished to postpone execution of judgment, then the

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filing of a supersedeas bond in the amount of 125% of the judgment, i.e. $542,385.36, would be

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required. See Court’s Docket Doc. No. 217. Defendants have filed a notice of deposit of funds

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with the Court in the amount of $542,385.36. The notice indicates that the funds may be applied

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to enforce the Defendants’ liability in this matter if their appeal is unsuccessful and once all

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appellate remedies have been exhausted. See id. at Doc. No. 225-1. It appears that Defendants

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have followed this Court’s previous order, as well as Local Rule 151(h). The Court will approve

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the deposited funds as a supersedeas bond. See Fed. R. Civ. Pro. 62(d); Local Rule 151(h); Court’s

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Docket Doc. No. 217.

K:\AWI\To_Be_Signed\09cv
285.o.CB approval of
deposited funds as
supersedeas & stay.wpd

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ORDER GRANTING MOTION

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Accordingly, IT IS HEREBY ORDERED that the court approves the agreement and

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deposit of funds in lieu of a bond pursuant to Local Rule 151(h), and orders a stay of proceedings

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to enforce the judgment against defendants pending an appeal pursuant to Rule 62(d).

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IT IS SO ORDERED.

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Dated:
0m8i78

November 18, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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K:\AWI\To_Be_Signed\09cv
285.o.CB approval of
deposited funds as
supersedeas & stay.wpd

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ORDER GRANTING MOTION