Davis v. Hollins Law

Filing 114

ORDER signed by Judge Lawrence K. Karlton on 8/27/2014 STAYING execution of judgment, upon receipt of the defendant's cash deposit of $47,483.07 by the Clerk of Court, pending resolution of the appeal; DIRECTING the Clerk of Court to releas e sufficient funds from the cash deposit to the plaintiff upon resolution of the appeal to satisfy the judgment herein, including any post-judgment interest allowable by law, and to return the remaining balance, if any, to defendant. (cc: Sacramento Financial) (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DAVIS,

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No. CIV. S-12-3107 LKK/AC

Plaintiff,
v.

ORDER

HOLLINS LAW, A PROFESSIONAL
CORPORATION,

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Defendant.
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The court previously entered judgment herein, in favor of

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plaintiff Michael Davis, in the amount of $250.00 in statutory

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damages, $35,813.30 in attorney’s fees, and $1,923.15 in costs,

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for a total of $37,986.45. (ECF Nos. 102, 106.) Defendant Hollins

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Law has since appealed the judgment (as well as the court’s

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previous denial of its motion for summary judgment) to the U.S.

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Court of Appeals for the Ninth Circuit. (ECF Nos. 107 – 109.)

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Defendant now applies for a stay in the execution of the

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judgment. Specifically, it seeks an order (i) approving deposit

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of 125% of the amount of the judgment, or $47,483.07, with the

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Clerk of the Court for the U.S. District Court for the Eastern

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District of California, and (ii) directing the Clerk of the Court
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to release to plaintiff’s counsel sufficient funds to satisfy any

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portion of the judgment that is affirmed on appeal. (ECF

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No. 112.)

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“If an appeal is taken, the appellant may obtain a stay by

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supersedeas bond . . . . The stay takes effect when the court

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approves the bond.” Fed. R. Civ. P. 62(d). “The purpose of a

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supersedeas bond is to preserve the status quo while protecting

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the non-appealing party's rights pending appeal.” Poplar Grove

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Planting & Refining Co. v. Bache Halsey Stuart, Inc., 600 F.2d

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1189, 1190-91 (5th Cir. 1979). Local Rule 151(d) provides that “a

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supersedeas bond shall be 125 percent of the amount of the

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judgment unless the Court otherwise orders.” Finally, post-

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judgment interest may be available to the plaintiff after appeal

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under Federal Rule of Appellate Procedure 37.

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The court notes that, rather than posting a bond, defendant

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seeks to make a cash deposit with the Clerk of the Court. This is

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permissible under Local Rule 150(a), which provides that “Leave

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of court is hereby granted . . . in all instances in which money

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is deposited in lieu of filing a bond . . . .”

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Having reviewed defendant’s application, and in light of the
foregoing, the court hereby orders as follows:

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[1] Upon the Clerk of the Court’s receipt of defendant’s

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cash deposit of $47,483.07, execution of the judgment herein

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is STAYED, pending resolution of the appeal.

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[2] Upon resolution of the appeal, the Clerk of the Court is

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DIRECTED to release sufficient funds from the cash deposit

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to plaintiff to satisfy the judgment herein, including any
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post-judgment interest allowable by law, and to return the

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remaining balance, if any, to defendant.

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IT IS SO ORDERED.

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DATED:

August 27, 2014.

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