Trullson v. County of San Joaquin District Attorneys Office

Filing 199

ORDER signed by Judge Kimberly J. Mueller on 5/14/15 GRANTING 196 Motion to Exonerate Supersedeas Bond. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JANIS TRULSSON,

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No. 2:11-CV-02986 KJM DAD

Plaintiff,
v.

ORDER

COUNTY OF SAN JOAQUIN DISTRICT
ATTORNEY’S OFFICE,
Defendant.
This matter is before the court on defendant’s motion to exonerate the supersedeas

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bond. (ECF No. 196.) Plaintiff has filed a statement of non-opposition. (ECF No. 198.) The

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court hereby GRANTS defendant’s motion, and the said bond is hereby EXONERATED.

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Under Federal Rule of Civil Procedure 62(d), a stay of a monetary judgment may

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be obtained by posting a supersedeas bond. Under Local Rule 151(d), “a supersedeas bond shall

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be 125 percent of the amount of the judgment unless the Court otherwise orders.” When “the

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purpose of the supersedeas bond has been fulfilled,” the court can exonerate it. See Ministry of

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Def. & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Def. Sys., Inc., No.

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98-1165, 2012 WL 2152068, at *3 (S.D. Cal. June 12, 2012).

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Here, the purpose of the supersedeas bond has been fulfilled. On October 22,

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2014, defendant filed a notice of appeal of the judgment in this case. (ECF No. 187.) On the

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same day, defendant also filed a notice of posting supersedeas bond in the amount of $3,177,028.
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(ECF No. 188.) On March 27, 2015, defendant filed a notice of satisfaction of judgment. (ECF

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No. 195.) On March 31, 2015, the Ninth Circuit dismissed defendant’s appeal by granting

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defendant’s motion to dismiss. (ECF No. 197.) Accordingly, because the “obligations secured

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by the supersedeas bond have been satisfied,” the court GRANTS defendant’s motion. This order

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resolves ECF No. 196.

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IT IS SO ORDERED.
DATED: May 14, 2015.

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UNITED STATES DISTRICT JUDGE

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