Fallay v. City and County of San Francisco et al

Filing 130

ORDER by Judge Charles R. Breyer granting 127 Motion for Bond. (crblc1, COURT STAFF) (Filed on 9/27/2011)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

No. CV 08-02261 CRB

AUGUSTINE FALLAY,

ORDER GRANTING MOTION FOR
APPEAL BOND

Plaintiff,
v.
CITY AND COUNTY OF SAN
FRANCISCO ET AL.,
Defendants.

/

Plaintiff-Appellant Augustine Fallay brought this suit against a group of Defendants in
April 2008, alleging that he was the victim of a widespread conspiracy that resulted in his
prosecution. See dkt. 1. This Court dismissed Plaintiff’s claims. See dkt. 112. Plaintiff has
appealed the Court’s decision. See dkt. 115. Pro se Defendants-Appellees Tony Fu and
Crystal Lei have now filed a joint motion for appeal bond. See dkt. 127. Pursuant to Civil
Local Rule 7-1(b), the Court finds this matter suitable for decision without oral argument; the
hearing calendared for September 30, 2011 is VACATED and the Motion is GRANTED.
Federal Rule of Appellate Procedure 7 provides, “[i]n a civil case, the district court
may require an appellant to file a bond or provide other security in any form and amount
necessary to ensure payment of costs on appeal.” Fed. R. App. P. 7.

“A district court,

familiar with the contours of the case appealed, has the discretion to impose a bond which
reflects its determination of the likely outcome of the appeal.” Adsani v. Miller, 139 F.3d 67,

1

79 (2d Cir. 1998); see also Lundy v. Union Carbide Corp., 598 F. Supp. 451, 452 (D. Or.

2

1984) (invoking the district court’s discretion to calculate $500 additional appeal costs where

3

the defendant-appellee did not justify a request for a bond of $2,500).

4

Defendants-Appellees request a bond in the amount of $6,000. See dkt. 127 at 2.

5

They provide no justification for this amount, however. In light of the Court’s view of the

6

merits of the appeal, it concludes that a bond is nonetheless appropriate, and independently

7

estimates Defendants-Appellees’ potential costs. The Court finds that a bond of $200 is

8

appropriate, based on the estimated costs of copying both the record and response briefs, and

9

the Ninth Circuit’s rule permitting costs of no more than ten cents per printed copy. See 9th

United States District Court
For the Northern District of California

10
11

Cir. R. 39-1.3.1
Accordingly, Plaintiff-Appellant Fallay shall file a bond of $200 to ensure

12

Defendants’ costs on appeal. The bond shall be filed with the Clerk’s Office and be

13

deposited into the registry of the Court.

14

IT IS SO ORDERED.

15
16

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: September 27, 2011

17
18
19
20
21
22
23
24
25
26
27
1

28

The Ninth Circuit provides that principal briefs may be no longer than 30 pages. See Fed. R.
App. P. 32(a)(7)(A). It further requires that parties submit an original and 7 copies of such briefs to the
Circuit alone. See 9th Cir. R. 31-1.
G:\CRBALL\2008\2261\order re appeal bond.wpd

2