American States Ins. Co. v. Insurance Co. of the State of Pennsylvania

Filing 226

ORDER signed by District Judge Morrison C. England, Jr., on 5/2/18, ORDERING that pursuant to Federal Rule of Civil Procedure 62(d) and E.D. Cal. Local Rule 151(d))the Court APPROVES this bond. (Kastilahn, A)

ERIC C. STRAIN (SBN: 203834)
[e-mail]
GREGORY E. SCHOPF (SBN: 122862)
[e-mail]
JUAN LUIS GARCIA (Admitted Pro Hac Vice)
[e-mail]
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-984-8300
Attorneys for Defendant
INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
AMERICAN STATES INSURANCE
COMPANY,
Plaintiff,
v.
INSURANCE COMPANY OF THE STATE
OF PENNSYLVANIA,

CASE NO: 2:12-cv-01489-MCE-AC
SUPERSEDEAS BOND #341-550;
ORDER THEREON
(Fed. R. Civ. P. 62(d); E.D. Cal. Local
Rule 151(d))

Defendant.

WHEREAS, on March 30, 2018, this Court entered Judgment in favor of Plaintiff
American States Insurance Company (“American States”) in this Action in the amount of
$6,613,957.28 [D.I. 215.] (“the Judgment”);
WHEREAS, Defendant Insurance Company of the State of Pennsylvania (“ICSOP”)
anticipates appealing the Judgment in its entirety to the United States Court of Appeals for the
Ninth Circuit;
WHEREAS, pursuant to Federal Rule of Civil Procedure 62(d), ICSOP wishes to stay
execution or enforcement of the Judgment pending appeal;
SUPERSEDEAS BOND; ORDER THEREON
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WHEREAS, National Union Fire Insurance Company of Pittsburgh, Pa. is a corporation
authorized to transact surety insurance business in the State of California, with an
Administrative Office at 80 Pine Street, New York, New York (“the Surety”);
WHEREAS, attached hereto is as Exhibit A is a certified copy of the Surety’s
Certificate of Authority to do business in California, together with a certified copy of General
Power of Attorney appointing the agent authorized to execute this bond;
WHEREAS, ICSOP, as Principal, and the Surety hereby obligate themselves and their
successors and assigns under all applicable federal law, by this instrument, to American States,
in the amount of all damages, costs and interest that may be awarded to American States
following the appeal of this matter, up to the sum of $8,267,446.60;
NOW THEREFORE, the condition of this obligation is such that if (a) the Judgment is
vacated, reversed, or otherwise dismissed; (b) ICSOP satisfies the Judgment in full together
with costs, interest and damages for delay if for any reason its appeal is dismissed, the Judgment
is affirmed, or no notice of appeal is filed; (c) ICSOP satisfies in full such modification of the
Judgment and such costs, interest and damages as the United States District Court for the
Eastern District of California, the United States Court of Appeals for the Ninth Circuit and/or
the United States Supreme Court may adjudge and award; or (d) this action is dismissed by
American States pursuant to the terms of any settlement, then this obligation shall be null and
void; otherwise it is to remain in full force and effect. It is provided that the Surety shall not be
liable in the aggregate for more than the penal sum of $8,267,446.60.

SUPERSEDEAS BOND; ORDER THEREON
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SIGNED below by their duly authorized representatives this 26th day of April, 2018.

SURETY
National Union Fire Insurance Company of
Pittsburgh, Pa.
By:_____/s/_________________________
Julian Hallenbeck - Attorney-in-Fact

PRINCIPAL
Insurance Company of the State of Pennsylvania

By:_______/s/_______________________
Michael W. Leahy
Senior Vice President

ORDER

Pursuant to Federal Rule of Civil Procedure 62(d) and E.D. Cal. Local Rule 151(d))
the Court approves this bond.
IT IS SO ORDERED.
Dated: May 2, 2018

SUPERSEDEAS BOND; ORDER THEREON
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