Cataphora, Inc. v. Parker et al

Filing 330

ORDER re 321 Request for approval to post cash superseadeas bond. Signed by Magistrate Judge Bernard Zimmerman on 1/11/2012. (bzsec, COURT STAFF) (Filed on 1/11/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CATAPHORA INC.,

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Plaintiff(s),
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v.
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JERROLD SETH PARKER, et al.,)
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Defendant(s).
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No. C09-5749 BZ
ORDER GRANTING REQUEST TO
STAY EXECUTION OF JUDGMENT
WITH BOND

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Under Federal Rule of Civil Procedure 62(a), the

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execution or enforcement of a judgment is automatically stayed

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for fourteen days after entry of the judgment.

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(d) of that Rule provides that, subject to certain exceptions,

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when an appeal is taken, the appellant may obtain a stay of

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execution by posting a supersedeas bond.

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supersedeas bond is to secure the appellees from a loss

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resulting from the stay of execution and a full supersedeas

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bond should therefore be required.”

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Republic, Inc., 831 F.2d 1503, 1505 n.1 (9th Cir. 1987).

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Given the agreement of all parties that a stay with bond is

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appropriate, IT IS ORDERED execution shall be stayed if
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Subdivision

“The purpose of a

Rachel v. Banana

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Defendants post a supersedeas bond in the amount of

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$1,335,967.20, that is, 125% of the judgment amount.

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Funai Elec. Co. v. Daewoo Elecs. Corp., Case No. 04-01830,

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2009 U.S. Dist. LEXIS 35371, 2009 WL 975787 (N.D. Cal. Apr. 9,

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2009).

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plaintiff is awarded any additional amount for attorneys’ fees

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and costs.

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Dated: January 11, 2012

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The court will increase the amount of the bond if

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Bernard Zimmerman
United States Magistrate Judge

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G:\BZALL\-BZCASES\CATAPHORA V. PARKER\ORDER GRANTING STAY REQUES WITH BOND.
FINAL RULING.wpd

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