Santacruz v. Standley and Associates, LLC

Filing 79

ORDER denying 71 Defendants Motion to Stay by Judge Christine M. Arguello on 5/11/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 10-cv-00623-CMA-CBS
ROXZANA SANTACRUZ,
Plaintiff,
v.
STANDLEY AND ASSOCIATES, LLC, and
GTF SERVICES, LLC,
Defendants.

ORDER DENYING DEFENDANTS’ AMENDED MOTION FOR STAY OF EXECUTION

This matter is before the Court on Defendants’ Amended Motion for Stay of
Execution Pending Appeal (Doc. # 71). Federal Rule of Civil Procedure 62(d) provides
that an appellant may obtain a stay by supersedeas bond if an appeal is taken. The
Rule further provides that “[t]he stay takes effect when the court approves the bond.”
Although the parties have apparently agreed to a bond amount of $100,000, no bond
has been filed with this Court. The Court cannot approve a bond that does not yet exist.
In the event that such a bond is filed, the Court will approve it. Accordingly, the Court
DENIES Defendants’ Motion (Doc. # 71) because Defendants have not yet posted a
bond for the Court to approve.
DATED: May 11 , 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge