Hohenberg v. Ferrero USA, Inc

Filing 150

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).

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9

CASE NO. 11-CV-205-H (KSC)

10
11

IN RE FERRERO LITIGATION

ORDER DENYING
PLAINTIFFS’ REQUEST FOR
AN APPEAL BOND

12
13
14
15

On October 11, 2012, Plaintiffs filed a motion to impose an appeal bond on class

16

objectors Michael Hale, Courtney Drey, and Andrea Pridham pursuant to Rule 7 of the Federal

17

Rules of Appellate Procedure. (Doc. No. 140.) On October 29, 2012, Ms. Drey and Ms.

18

Pridham filed an opposition. (Doc. No. 142.) Plaintiffs filed their reply on November 6, 2012.

19

(Doc. No. 147.) On November 7, 2012, Mr. Hale filed his opposition that the Court ordered

20

to be filed nunc pro tunc to the date received. CivLR 1.1(d). Pursuant to the Court’s discretion

21

under Local Civil Rule 7.1(d)(1), the Court determined that this matter is suitable for decision

22

without oral argument. (Doc. No. 141.)

23

Plaintiffs request that the Court impose an appeal bond in the amount of $21,970.12.

24

(Doc. No. 140 at 1.) In exercising its discretion under Rule 7, the Court concludes that an

25

appeal bond is not necessary as Plaintiffs have provided insufficient evidence that there is a

26

risk of nonpayment by Objectors should Plaintiffs be awarded costs on appeal. Fleury v.

27

Richemont North America, Inc., No. 05-4525, 2008 U.S. Dist. LEXIS 88166, at *17-18 (N.D.

28

Cal. Oct. 21, 2008) (noting that the purpose of Rule 7 is to protect an appellee against the risk
-1-

1

of nonpayment by an unsuccessful appellant).

Accordingly, the Court denies Plaintiffs’

2

motion without prejudice to Plaintiffs seeking an award of costs and fees from the Ninth

3

Circuit, if so provided under the Federal Rules of Appellate Procedure or the law.

4
5
6
7
8

IT IS SO ORDERED.
DATED: November 9, 2012
_______________________________
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-