Erickson Productions Inc et al v. Kraig R Kast

Filing 434

Order by Magistrate Judge Donna M. Ryu denying 428 Defendant's Third Motion to Stay. Signed on 5/24/2022.(dmrlc1, COURT STAFF) (Filed on 5/24/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERICKSON PRODUCTIONS INC, et al.,
Plaintiffs,

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ORDER DENYING DEFENDANT'S
THIRD MOTION TO STAY

v.

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KRAIG RUDINGER KAST, et al.,

Re: Dkt. No. 428

Defendants.

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United States District Court
Northern District of California

Case No. 13-cv-05472-DMR

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On March 29, 2022, Plaintiffs Erickson Productions, Inc. and Jim Erickson (together,

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“Erickson”) filed a proposed abstract of judgment. On March 30, 2022, self-represented

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Defendant Kraig Kast filed a motion to stay. [Docket No. 428.] The motion is suitable for

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resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is denied.

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I.

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BACKGROUND
Following remand from the United States Court of Appeals for the Ninth Circuit, the court

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awarded $450,000 in statutory damages for willful copyright infringement and entered judgment

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in Erickson’s favor on February 12, 2021. [Docket Nos. 380, 381.] Kast moved for a new trial or

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to amend the judgment under Rule 59. He also filed a notice of appeal to the Ninth Circuit.

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[Docket Nos. 386, 387.] Kast then moved to stay enforcement proceedings, including staying the

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issuance of a writ of execution and post-judgment discovery pending resolution of his Rule 59

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motion. [Docket No. 397 (1st Mot. to Stay).]

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On August 30, 2021, after the motion to stay was fully briefed, the court denied Kast’s

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Rule 59 motion for a new trial or to amend the judgment. [Docket No. 409.] On August 31, 2021,

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the court granted in part Erickson’s motion for attorneys’ fees and costs pursuant to the Copyright

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Act, 17 U.S.C. § 505, with the amount of fees and costs to be determined following supplemental

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briefing. [Docket No. 410.] On September 12, 2021, Kast filed a second motion to stay, this time

United States District Court
Northern District of California

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requesting a stay of Erickson’s writ of execution and discovery pending resolution of his appeal to

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the Ninth Circuit. [Docket No. 412 (2d Mot. to Stay).]

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On February 10, 2022, the court awarded $153,231.00 in attorneys’ fees and $1,949.16 in

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costs and entered an amended judgment in Erickson’s favor for $788,141.16. [Docket Nos. 421,

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423.] The order also denied Kast’s first and second motions to stay. [Docket No. 422.] The first

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motion was denied because Kast had not “objectively demonstrate[d] the reasons for departing

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from the usual requirement of a full supersedeas bond.” Id. at 4 (quoting Cotton ex rel. McClure

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v. City of Eureka, Cal., 860 F. Supp. 2d 999, 1028 (N.D. Cal. 2012) (quotation marks omitted)).

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The second motion to stay was denied because Kast had not satisfied the factors set forth

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in Dillon v. City of Chicago, 866 F.2d 902, 904-05 (7th Cir. 1988) (articulating factors that courts

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may consider when determining whether to waive Rule 62(b)’s bond requirement). Id. at 6-7

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(citations omitted).

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As to both motions, the court also held that Kast had not demonstrated good cause under
Rule 26(c)(1) to stay judgment debtor discovery. Id. at 5, 7-8.

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Erickson’s opposition to the second motion to stay included assertions about Kast’s

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compliance with a May 2018 order by the Honorable Howard R. Lloyd (ret.) along with a request

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for sanctions and an order directing Kast to immediately comply with Judge Lloyd’s discovery

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order. The court held that Erickson’s discovery-related requests were not properly before the

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court. It ordered the parties and Kast’s fiancé, Mariellen Baker, to “immediately meet and confer

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regarding the status of Kast and Baker’s responses to the post-judgment discovery ordered by

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Judge Lloyd in his May 21, 2018 Order,” and to submit a two-page joint letter updating the court

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on the status of that discovery by February 24, 2022. Id. The parties and Baker ignored the

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court’s order on this point, and instead filed unilateral letters regarding the status of discovery.

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[Docket Nos. 424-426.]

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On March 29, 2022, Erickson filed a proposed abstract of judgment. On March 30, 2022,
Kast filed the current third motion to stay. [Docket Nos. 427, 428 (3d Mot. to Stay).]

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II.

DISCUSSION
A.

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Motion to Stay

Kast moves to stay issuance of the abstract of judgment. His sole argument is that issuance
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is premature because he filed a motion to stay before the Ninth Circuit in connection with his
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appeal. On May 17, 2022, the Ninth Circuit denied Kast’s “Motion for a Stay of a Writ of
Execution and Discovery Related to Remand, Judgment and Attorney Fees.” [See Docket No.
432.] Accordingly, Kast’s third motion to stay is denied.

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B.

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Discovery

The court ordered Erickson, Kast, and Baker to meet and confer regarding the status of the
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post-judgment discovery ordered by Judge Lloyd on May 21, 2018 and to file a single joint letter
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updating the court. They failed to comply.
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the discovery ordered by Judge Lloyd. Specifically, they shall meet and confer regarding the
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status of Kast’s responses to five requests for documents and Baker’s responses to four requests

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for documents, which were due by June 11, 2018. [See Docket No. 297.] By no later than June 7,
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2022, the parties shall submit a joint letter that does not exceed two pages that updates the court
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on the status of that discovery. Failure to comply with this order may result in sanctions.
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The unilateral discovery letters are each denied without prejudice.
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III.

CONCLUSION
For the foregoing reasons, Kast’s third motion to stay is denied.

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IT IS SO ORDERED.
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Dated: May 24, 2022
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______________________________________
Donna M. Ryu
United States Magistrate
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United States District Court
Northern District of California

Erickson, Kast, and Baker shall immediately meet and confer regarding the status of
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