Ghilarducci et al v. United States of America

Filing 44

ORDER RE STIPULATION RE STAY OF FINAL JUDGMENT ENTERED ON 12-20-12. Signed by Judge Charles R. Breyer on 2/25/2013. (crblc1, COURT STAFF) (Filed on 2/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-03780 CRB

RICHARD GHILARDUCCI,

ORDER RE STIPULATION RE STAY
OF FINAL JUDGMENT ENTERED
ON 12-20-12

Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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The Court is in receipt of a Stipulation between the parties to: (1) stay the execution of

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final judgment in Case No. 12-3780 CRB, entered on 12-20-12, and the January 15, 2013

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Order in Case No. 10-56 CRB, during the pendency of Plaintiff’s appeal; (2) approve the

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amount of proceeds held in the Clerk’s Registry in Case No. 12-3780 CRB as security

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pursuant to Federal Rule of Civil Procedure 62; and (3) direct the Clerk of the Court to

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continue to hold such funds in the Clerk’s Registry, including interest earned thereon,

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pending further order from the Court. See dkt. 39 at 2. The Court has not signed the parties’

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Proposed Order (dkt. 39-1), and instead orders as follows.

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The Court sets the amount for a supersedeas bond at $24,859.44. This amount

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represents 1.25 times $19,887.55, the amount of proceeds currently held in the Clerk’s

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Registry in Case No. 12-3780 CRB. The Court sets that amount based on its application of

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former Rule 73(d), and in light of the typical practice in this Circuit. See Cotton v. City of

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Eureka, California, 860 F. Supp. 2d 999, 1029 (N.D. Cal. 2012) (citing Christopher A. Goelz

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& Meredith J. Watts, California Practice Guide: Ninth Circuit Civil Appellate Practice ¶

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1:168 (TRG 2011)).

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Accordingly, Plaintiff must file an additional $4,971.89 into the Registry of the Clerk

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of the Court by 5 p.m. on Thursday, March 7, 2013. Once the supersedeas bond has been

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paid in full, the Court will (1) stay the execution of final judgment in Case No. 12-3780

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CRB, entered on 12-20-12, and the January 15, 2013 Order in Case No. 10-56 CRB, during

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the pendency of Plaintiff’s appeal, and (2) direct the Clerk of the Court to continue to hold

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such funds in the Clerk’s Registry, including interest earned thereon, pending further order

United States District Court
For the Northern District of California

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from the Court.
The hearing on Plaintiff’s Motion for Stay of Execution of Judgment Through Appeal

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and Approval of Proposed Security Pursuant to Rule 62 (dkt. 36), currently set for March 8,

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2013, is hereby VACATED.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: February 25, 2013

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G:\CRBALL\2012\3780\order re stip.wpd

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