Dennis v Kellogg Company

Filing 65

ORDER (1) granting 61 Plaintiffs' Motion for a Rule 7 Appeal Bond and (2) denying as moot 62 Plaintiffs' Request to Summarily Grant the Rule 7 Appeal Bond. Plaintiffs' motion for a Rule 7 appeal bond is hereby GRANTED. Accordingly , Plaintiffs' "Request for Order Summarily Granting Motion for Rule 7 Appeal Bond" is DENIED AS MOOT. Pursuant to Federal Rule of Appellate Procedure 7, objectors Omar Rivero and Stephanie Berg must jointly and severally post an appeal bond in the amount of $3,000 to cover Plaintiffs' costs on appeal. Signed by Judge Irma E. Gonzalez on 8/10/2011. (All non-registered users served via U.S. Mail Service). (akr)

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA

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HARRY DENNIS and JON KOZ, On
Behalf of Themselves and All Other Others
Similarly Situated,

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CASE NO: 09-CV-1786-IEG (WMC)
ORDER (1) GRANTING
PLAINTIFFS’ MOTION FOR A
RULE 7 APPEAL BOND AND
(2) DENYING AS MOOT
PLAINTIFFS’ REQUEST TO
SUMMARILY GRANT THE RULE 7
APPEAL BOND

Plaintiffs,

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vs.

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KELLOGG COMPANY, a Delaware
Corporation,

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Defendant.

[Doc. Nos. 61 & 62]

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Presently before the Court is Plaintiff-Appellees’ motion to require Objector-Appellants Omar

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Rivero and Stephanie Berg to post an appeal bond of $3,000, pursuant to Federal Rule of Appellate

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Procedure 7. [Doc. No. 61.] The purpose of such a bond is to protect appellees against the risk of

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nonpayment of costs by an unsuccessful appellant. Fleury v. Richemont N. Am., Inc., No. C-05-4525

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EMC, 2008 WL 4680033, at *6 (N.D. Cal. Oct. 21, 2008) (citations omitted). “[T]he question of the

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need for a bond, as well as its amount, are left in the discretion of the trial court.” Id. (citing Fed. R.

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App. P. 7, 1979 advisory committee notes). Neither Objector filed a timely opposition to the motion,

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and counsel for Objector Rivero represented to the Court that Rivero does not oppose a Rule 7 bond.

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Plaintiffs’ motion for a Rule 7 appeal bond is hereby GRANTED. [Doc. No. 61.]
Accordingly, Plaintiffs’ “Request for Order Summarily Granting Motion for Rule 7 Appeal Bond” is
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DENIED AS MOOT. [Doc. No. 62.] Pursuant to Federal Rule of Appellate Procedure 7, objectors

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Omar Rivero and Stephanie Berg must jointly and severally post an appeal bond in the amount of

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$3,000 to cover Plaintiffs’ costs on appeal.

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IT IS SO ORDERED.

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DATED: 8/10/11

_______________________________
IRMA E. GONZALEZ, Chief Judge
United States District Court

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