Moralez v. 76 Orinda et al

Filing 155

ORDER by Judge Vince Chhabria granting in part and denying in part 139 Motion to Stay; granting in part and denying in part 147 Motion to Amend/Correct. (vclc1S, COURT STAFF) (Filed on 1/21/2020)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

FRANCISCA MORALEZ,

Case No. 17-cv-03779-VC

Plaintiff,
v.
76 ORINDA, et al.,
Defendants.

ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
STAY AND MOTION TO
AMEND/CORRECT THE JUDGMENT
Re: Dkt. Nos. 139, 147

1. The Judgment is amended to add “Orinda Gas Station, Inc.” as a judgment debtor. See
Dkt. Nos. 131, 126. The motion to add the individual defendants as judgment debtors is denied
without prejudice. The plaintiff may renew her motion if the debt remains unsatisfied after the
appeal has been decided.
2. The Court is persuaded that a stay without a bond puts the plaintiff at a substantial risk
of injury. Accordingly, the Court declines to waive the security requirement. If the defendants
wish to stay the execution of the judgment, they must post a bond equal to 125% of the fee
award. See Am. Civil Liberties Union of Nevada v. Masto, 670 F.3d 1046, 1066 (9th Cir. 2012)
(explaining that the defendants are entitled to a stay as a matter of right upon appeal and posting
of a sufficient bond). The execution of the judgment is stayed for 14 days from the date of this
order.
IT IS SO ORDERED.
Dated: January 21, 2020
______________________________________
VINCE CHHABRIA
United States District Judge