Miller v. Schmitz et al

Filing 152

ORDER APPROVING Defendants' Motion to Approve its Security and to STAY Execution of Judgment, signed by District Judge Lawrence J. O'Neill on 1/17/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISAAC MILLER,

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Case No. 1:12-cv-0137 LJO SAB
ORDER APPROVING DEFENDANTS’
MOTION TO APPROVE ITS SECURITY
AND TO STAY EXECUTION OF
JUDGMENT

Plaintiff,
v.
HANFORD POLICE OFFICER STEVE
SCHMITZ, et al.,

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(Docs. 150 & 151)
Defendants.

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/

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On January 9, 2014, Defendants Officer Steve Schmitz and the City of Hanford (collectively

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“Defendants”) moved to stay execution of the Court’s December 2, 2013 judgment and posted a check

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in the amount of $581,250 as security. In response, the Court noted that Defendants’ submission did

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not appear to be in full compliance with Local Rule 151. The Court therefore ordered Defendants to

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correct these deficiencies.

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On January 16, 2014, Defendants filed an “Amended Agreement for Distribution of Security,”

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which appears to be in full compliance with Local Rule 151. Accordingly, pursuant to Federal Rule of

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Civil Procedure 62(d), the Court APPROVES Defendants’ security in lieu of a supersedeas bond and

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orders a STAY of any execution of the December 2, 2013 judgment until this Court has resolved the

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pending motion for new trial and, if necessary, any appeal filed by Defendants has been resolved.

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IT IS SO ORDERED.
Dated:

January 17, 2014

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE