Hines v. California Public Utilities Commission et al

Filing 408

ORDER by Judge Claudia Wilken DENYING 403 Motion to Stay. Certificate of Service as to Donna Hines. (cwlc2, COURT STAFF) (Filed on 9/10/2010)

Hines v. California Public Utilities Commission et al

Doc. 408

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Donna Hines, who is proceeding pro se, moves for an order staying the Court's judgment pending her appeal and for relief from the requirement that she post a supersedeas bond. Defendant California Public Utilities Commission (CPUC) did not respond to Plaintiff's motion. submission on the papers. The motion was taken under v. CALIFORNIA PUBLIC UTILITIES COMMISSION, AROCLES AGUILAR, DANA S. APPLING, ROBERT J. WULLENJOHN, STATE PERSONNEL BOARD, GREGORY W. BROWN and FLOYD D. SHIMOMURA, Defendants. / DONNA HINES, Plaintiff, No. C 07-04145 CW ORDER DENYING PLAINTIFF'S MOTION TO STAY JUDGMENT PENDING APPEAL (Docket No. 403) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Having considered the papers submitted

by Plaintiff, the Court DENIES her motion. BACKGROUND On July 27, 2010, the Court granted the CPUC's motion for summary judgment, denied Plaintiff's motions for a continuance and for summary judgment and awarded Defendants costs. The Clerk

Dockets.Justia.com

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entered judgment the same day. On August 6, 2010, the CPUC filed a bill of costs for $3,193.62. After disallowing some expenses, the Clerk taxed costs

in the amount of $3,175.80 against Plaintiff. On August 23, 2010, Plaintiff filed a notice of appeal of the Court's orders in this action. DISCUSSION Under Federal Rule of Civil Procedure 62(a), the execution or enforcement of a judgment is automatically stayed for fourteen days after entry of the judgment. Subdivision (d) of that Rule provides

that, subject to certain exceptions, when an appeal is taken, the appellant may obtain a stay of execution by posting a supersedeas bond: "a party taking an appeal from the District Court is entitled to a stay of a money judgment as a matter of right if he posts a bond in accordance with Fed.R.Civ.P. 62(d)." Am. Mfrs. Mut. Ins.

Co. v. Am. Broadcasting-Paramount Theatres, Inc., 87 S. Ct. 1, 3 (1966). "The purpose of a supersedeas bond is to secure the

appellees from a loss resulting from the stay of execution and a full supersedeas bond should therefore be required." Rachel v.

Banana Republic, Inc., 831 F.2d 1503, 1505 n.1 (9th Cir. 1987). Courts have discretion to stay execution of a judgment without requiring a bond. See Fed. Prescription Serv. v. Am. Pharm. Ass'n,

636 F.2d 755, 759-61 (D.C. Cir. 1980) (stating that Rule 62 "in no way necessarily implies that filing a bond is the only way to obtain a stay"). The moving party carries the burden to show that Poplar Grove

relief from the bond requirement is justified.

Planting & Ref. Co., Inc. v. Bache Halsey Stuart, Inc., 600 F.2d 1189, 1191 (5th Cir. 1979). 2

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Plaintiff argues that execution of the Court's judgment will impose an undue hardship upon her. concerning her financial condition. However, she offers no evidence There is no indication that

she is unable to remit payment to the CPUC for its costs, which the Clerk taxed in the amount of $3,175.80. Accordingly, Plaintiff

does not establish that waiver of the bond requirement is warranted. If Plaintiff seeks to stay the Court's judgment pending appeal, she shall post a supersedeas bond in the amount of the costs taxed against her. CONCLUSION For the foregoing reasons, the Court DENIES Plaintiff's motion to stay the judgment pending appeal without posting a supersedeas bond. (Docket No. 403.) Plaintiff shall remit $3,175.80 to the

CPUC forthwith or, in the alternative, post a supersedeas bond for this amount. IT IS SO ORDERED.

Dated: September 10, 2010

CLAUDIA WILKEN United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DONNA HINES, Plaintiff, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, et al., Defendants. /

Case Number: CV07-04145 CW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 10, 2010, I SERVED a true and correct copy of the attached, by placing said copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy into an inter-office delivery receptacle located in the Clerk's office.

Donna Hines 268 Bush Street, #3204 San Francisco, CA 94104

Dated: September 10, 2010

Richard W. Wieking, Clerk By: MP, Deputy Clerk