Hohenberg v. Ferrero USA, Inc
Filing
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ORDER denying 140 Motion for an Appeal Bond. Signed by Judge Marilyn L. Huff on 11/09/2012. (All non-registered users served via U.S. Mail Service)(ag) (jrl).
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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CASE NO. 11-CV-205-H (KSC)
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IN RE FERRERO LITIGATION
ORDER DENYING
PLAINTIFFS’ REQUEST FOR
AN APPEAL BOND
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On October 11, 2012, Plaintiffs filed a motion to impose an appeal bond on class
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objectors Michael Hale, Courtney Drey, and Andrea Pridham pursuant to Rule 7 of the Federal
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Rules of Appellate Procedure. (Doc. No. 140.) On October 29, 2012, Ms. Drey and Ms.
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Pridham filed an opposition. (Doc. No. 142.) Plaintiffs filed their reply on November 6, 2012.
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(Doc. No. 147.) On November 7, 2012, Mr. Hale filed his opposition that the Court ordered
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to be filed nunc pro tunc to the date received. CivLR 1.1(d). Pursuant to the Court’s discretion
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under Local Civil Rule 7.1(d)(1), the Court determined that this matter is suitable for decision
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without oral argument. (Doc. No. 141.)
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Plaintiffs request that the Court impose an appeal bond in the amount of $21,970.12.
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(Doc. No. 140 at 1.) In exercising its discretion under Rule 7, the Court concludes that an
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appeal bond is not necessary as Plaintiffs have provided insufficient evidence that there is a
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risk of nonpayment by Objectors should Plaintiffs be awarded costs on appeal. Fleury v.
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Richemont North America, Inc., No. 05-4525, 2008 U.S. Dist. LEXIS 88166, at *17-18 (N.D.
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Cal. Oct. 21, 2008) (noting that the purpose of Rule 7 is to protect an appellee against the risk
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of nonpayment by an unsuccessful appellant).
Accordingly, the Court denies Plaintiffs’
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motion without prejudice to Plaintiffs seeking an award of costs and fees from the Ninth
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Circuit, if so provided under the Federal Rules of Appellate Procedure or the law.
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IT IS SO ORDERED.
DATED: November 9, 2012
_______________________________
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT
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