Rearden LLC et al v. Rearden Commerce Inc

Filing 288

STIPULATION AND ORDER staying execution of judgment for payment of costs upon posting of supersedeas bond; Signed by Judge Marilyn Hall Patel on 8/23/2010. (awb, COURT STAFF) (Filed on 8/24/2010)

Rearden LLC et al v. Rearden Commerce Inc

Doc. 288

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DOUGLAS L. HENDRICKS (SBN 83611), [e-mail] BRIAN L. LEVINE (SBN 246726), [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs DANIEL T. MCCLOSKEY (SBN 191944), [e-mail] DAVID J. PEREZ (SBN 238136), [e-mail] GREENBERG TRAURIG LLP 1900 University Avenue, 5th Floor East Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] RICHARD D. HARRIS (admitted pro hac vice), [e-mail] HERBERT H. FINN (admitted pro hac vice), [e-mail] KEVIN J. O'SHEA (admitted pro hac vice), [e-mail] JAMES J. LUKAS, JR. (admitted pro hac vice), [e-mail] GREENBERG TRAURIG LLP 77 West Wacker Drive, Suite 2500 Chicago, Illinois 60601 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION REARDEN LLC, a California limited liability company; REARDEN PRODUCTIONS LLC, a California limited liability company; REARDEN STUDIOS LLC, a California limited liability company; REARDEN, INC., a California corporation; and REARDEN PROPERTIES LLC, a California limited liability company, Plaintiffs, v. REARDEN COMMERCE, INC., a California corporation, and DOES 1 through 150, inclusive, Defendants. Case No. C 06-07367 MHP

STIPULATION AND [PROPOSED] ORDER TO STAY EXECUTION OF JUDGMENT FOR PAYMENT OF COSTS UPON POSTING OF SUPERSEDEAS BOND Dept.: Courtroom 15, 18th Floor Before: Hon. Marilyn H. Patel

STIPULATION TO STAY EXECUTION OF JUDGMENT FOR PAYMENT OF COSTS UPON POSTING OF SUPERSEDEAS BOND, CASE NO. C06-07367 MHP sf- 2886263
Dockets.Justia.com

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The parties, through their respective undersigned counsel, hereby stipulate pursuant to Local Rule 7-12 and Federal Rule of Civil Procedure 62(d) as follows: WHEREAS, on July 2, 2010, the Court entered a Final Judgment in favor of Defendant Rearden Commerce, Inc., awarding Defendant costs (Dkt. 282); WHEREAS, on July 17, 2010, Defendant submitted to the Court its bill of costs totaling $35,770.12 (Dkt. 283), which amount was not disputed by Plaintiffs; WHEREAS, Plaintiffs have timely filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit (Dkt. 284); WHEREAS, the parties have met and conferred and agreed upon the amount of supersedeas bond necessary to stay execution of Plaintiffs' payment of costs until the United States Court of Appeals for the Ninth Circuit decides Plaintiffs' appeal; WHEREAS, pursuant to FRCP 62(d), the parties request the Court's approval of Plaintiffs' proposed supersedeas bond in the amount of $35,770.12; IT IS HEREBY STIPULATED that: Immediately upon the filing by Plaintiffs of a supersedeas bond in an amount of not less than $35,770.12, the judgment for costs in the amount of $35,770.12 shall be entered in favor of Defendant Rearden Commerce, payment of which to Defendant by Plaintiffs shall be stayed pursuant to FRCP 62(d), until the mandate is issued by the United States Court of Appeals for the Ninth Circuit.

Dated: August 20, 2010

MORRISON & FOERSTER LLP By: /s/ Brian L. Levine BRIAN L. LEVINE Attorneys for Plaintiffs

Dated: August 20, 2010

GREENBERG TRAURIG LLP By: /s/ Kevin J. O'Shea KEVIN J. O'SHEA Attorneys for Defendants

STIPULATION TO STAY EXECUTION OF JUDGMENT FOR PAYMENT OF COSTS UPON POSTING OF SUPERSEDEAS BOND, CASE NO. C06-07367 MHP sf- 2886263

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I, Brian L. Levine, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER TO STAY EXECUTION OF JUDGMENT FOR PAYMENT OF COSTS UPON POSTING OF SUPERSEDEAS BOND. In compliance with General Order 45, X.B., I hereby attest that Douglas L. Hendricks and Kevin O'Shea have concurred in this filing. Dated: August 20, 2010 MORRISON & FOERSTER LLP

By:

/s/ Brian L. Levine BRIAN L. LEVINE

Attorneys for Plaintiffs

PURSUANT TO STIPULATION, IT IS SO ORDERED. 8/23 Dated: ______________, 2010

THE HONORABLE MARILYN H. PATEL UNITED STATES DISTRICT DERED JUDGE R COURT
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STIPULATION TO STAY EXECUTION OF JUDGMENT FOR PAYMENT OF COSTS UPON POSTING OF SUPERSEDEAS BOND, CASE NO. C06-07367 MHP sf- 2886263

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