Rosa et al v. City of Seaside et al

Filing 293

ORDER by Magistrate Judge Howard R. Lloyd lifting stay and denying 287 Motion for Bond. (hrllc1, COURT STAFF) (Filed on 11/9/2012)

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1 *E-FILED: November 9, 2012* 2 3 4 5 6 7 8 For the Northern District of California NOT FOR CITATION 10 United States District Court 9 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 EVELYN ROSA ET AL., Plaintiffs, 14 No. C05-03577 JF (HRL) ORDER LIFTING STAY v. 15 [Dkt. 287] CITY OF SEASIDE, ET AL., 16 17 18 Defendants. ____________________________________/ In this products liability case, the Court awarded summary judgment, and then costs, to 19 defendant Taser International, Inc. (“Taser”). The Court then stayed the award of costs pending 20 appeal, on the condition that Plaintiffs would post a bond. Plaintiffs never posted the bond. Taser 21 has moved to assess costs and to require the posting of a bond (Dkt. 287), and the matter has been 22 referred to the undersigned for determination (Dkt. 292). 23 The Court held a hearing on the matter on November 6, 2012. At the hearing, Taser asked 24 the Court to lift the stay imposed on its award of costs and it asked the Court to order counsel for 25 Plaintiffs to post security for, or to pay, the amount of the award. Taser argued that counsel for 26 Plaintiffs should assume responsibility for the costs because of counsel’s prior representation to the 27 Court that his clients intended to post the bond. Upon consideration of the papers submitted with 28 this motion and the arguments made at hearing, and for the reasons stated on the record at the 1 hearing, the Court GRANTS Taser’s request to lift the stay and DENIES Taser’s request that 2 counsel for Plaintiffs be required to post security or to pay any money to Taser. 3 4 5 IT IS SO ORDERED. Dated: November 9, 2012 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 C05-03577 HRL Order will be electronically mailed to: 2 Christina Y. Tsou:, 3 Christpher Mark Patti: 4 Deborah Ann Mall:, 5 Holly L Gibeaut:, 6 James Glenn Bohm: 7 Jeffrey R. Salberg: 8 John Burton:,,, 9 John R. Maley: For the Northern District of California United States District Court 10 Kathleen M. Anderson: 11 Lee A. Wood: 12 M. Christine Davi: 13 Mildred Katherine O'Linn:, 14 Peter M. Williamson:, 15 Peter Thomas Kirchen: 16 17 Susan K. Blitch:,, 18 Thomas E. Francis:,, 19 Thomas Vincent Perea: 20 Traci A. Kirkbride:, 21 22 Vincent P. Hurley:,, 23 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. 24 25 26 27 28 3

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