Ringcentral, Inc. v. Quimby et al

Filing 53

ORDER RE: 49 . 50 CONDITIONALLY GRANTING STAY OF ENFORCEMENT OF JUDGMENT. Signed by Judge Richard Seeborg on 11/19/2010, (rslc3, COURT STAFF) (Filed on 11/19/2010)

Ringcentral, Inc. v. Quimby et al

Doc. 53

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**E-filed 11/19/2010**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RINGCENTRAL, INC., v. Plaintiff, No. C 09-2693 RS ORDER CONDITIONALLY GRANTING STAY OF ENFORCEMENT OF JUDGMENT

United States District Court

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For the Northern District of California

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BILL QUIMBY, et al., Defendants. ____________________________________/

Defendants renew their motion for a stay of enforcement of the default judgment entered against them herein, pending a ruling on their pending motion to set aside that judgment.1 Defendants' prior stay motion was denied without prejudice, and the parties were directed to meet and confer regarding the possibility of reaching a stipulation to set aside the judgment, or, in the alternative, to agree on a mechanism for providing plaintiff security during the pendency of a stay. The parties have been unable to reach any agreement, and plaintiff has continued pursing

Defendants' motion pursuant to Civil Local Rule 6-3 to have the renewed stay motion considered forthwith is granted.

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Dockets.Justia.com

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enforcement procedures against defendants in New York.2 Good cause appearing, it is hereby ordered that: 1. Subject to paragraph 2 below, enforcement of the default judgment entered herein is hereby stayed pending a decision on defendants' motion to set the judgment aside, or further order of court. 3. During the pendency of the stay, defendant TollFreeNumbers.com, Inc. shall not transfer or dispose of any assets except in the ordinary course of business. Defendant Bill Quimby shall not transfer or dispose of any assets except as required to meet ordinary household and personal expenses and necessities of life. The stay shall become effective immediately upon the filing by defendants of a written consent to these conditions.

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contrary to defendants' assertions, plaintiff has not thereby contravened any prior order of this Court. The parties were directed to attempt to reach an agreement that would "protect plaintiff's interests pending a ruling on the motion to set aside the default judgment without causing undue burden or hardship to defendants, and without expending further judicial resources in multiple fora," but plaintiff was not restrained from acting to protect its interests in the event no such agreement was reached. Defendants also suggest that plaintiff has undertaken acts that may not be authorized by New York law. That question is beyond the purview of this Court. It is, however, within the jurisdiction of this Court to determine whether the interests of justice warrant a stay of any enforcement of its judgment until the motion to set aside has been decided. 2
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IT IS SO ORDERED.

Dated: 11/19/2010 RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

1 2 3 4 5 6 7 8 9 10 DATED: 11/19/2010 /s/ Chambers Staff Chambers of Judge Richard Seeborg Bill Quimby 2517 Rt. 44 11-222 Washington Hollow Plaza Salt Point, NY 12578 THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

United States District Court

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For the Northern District of California

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* Counsel are responsible for distributing copies of this document to any co-counsel who have not registered with the Court's electronic filing system.

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