Muniz v. United Parcel Service, Inc.

Filing 307

ORDER by Judge Claudia Wilken GRANTING 297 MOTION FOR APPROVAL OF SUPERSEDEAS BOND AND TO STAY ENFORCEMENT, PENDING APPEAL, OF AWARD OF ATTORNEYS FEES AND NON-STATUTORY COSTS TO PLAINTIFF KIM MUNIZ. (ndr, COURT STAFF) (Filed on 11/2/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 KIM MUNIZ, 5 6 7 8 9 United States District Court For the Northern District of California 10 No. C 09-1987 CW Plaintiff, v. UNITED PARCEL SERVICE, INC., a corporation and DOE 1 through DOE 20, inclusive, Defendant. ________________________________/ 11 ORDER GRANTING MOTION FOR APPROVAL OF SUPERSEDEAS BOND AND TO STAY ENFORCEMENT, PENDING APPEAL, OF AWARD OF ATTORNEYS’ FEES AND NON-STATUTORY COSTS TO PLAINTIFF KIM MUNIZ (Docket No. 297) 12 13 On October 4, 2011, Defendant United Parcel Service, Inc. 14 filed a Motion for Approval of Supersedeas Bond and to Stay 15 Enforcement, Pending Appeal, of Award of Attorneys’ Fees and Non- 16 Statutory Costs to Plaintiff Kim Muniz. 17 Court took the motion under submission on the papers. 18 18, 2011, Plaintiff Kim Muniz filed a Statement of Non-Opposition 19 to this motion. 20 On October 6, 2011, this On October The Court, having read and considered all of the papers 21 submitted on this motion and the entire record in this action, 22 hereby GRANTS Defendant’s motion and ORDERS as follows: 23 1. That the supersedeas bond Defendant United Parcel 24 Service, Inc., posted on October 4, 2011, for $1,500,000, is 25 sufficient to cover the $697,971.80 judgment for attorneys’ fees 26 and non-statutory costs (plus any applicable interest) awarded to 27 Plaintiff Kim Muniz on August 23, 2011 (Docket No. 292) (the 28 “Attorneys’ Fees Award”). 1 2. That, based on the Court’s approval of the 2 supersedeas bond, the Court stays the enforcement of the 3 Attorneys’ Fees Award pursuant to Federal Rule of Civil Procedure 4 62(d). 5 3. That the stay is effective as of this date and 6 shall remain in effect during the pendency of the appeal of the 7 Attorneys’ Fees Award (Ninth Circuit Docket No. 11-17282). 8 IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 11 Dated: 11/2/2011 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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