Water Pik, Inc. v. Med-Systems, Inc.

Filing 324

ORDER. Med'Systems' 296 Motion to Stay Execution of the Judgment Pending Disposition of Med-Systems' Motion to Alter Final Judgment Pursuant to Federal Rule of Civil Procedure 59(e) and Med-Systems Appeal is granted. Pursuant to Fed . R. Civ. P. 62, execution of the 264 Final Judgment shall be stayed pending resolution of Med-Systems' appeal. Collection of the 293 costs taxed against defendant Med-Systems, Inc. by the Clerk of the Court shall be stayed upon Med-Systems posting a supersedeas bond in the amount of $20,900.72. By Judge Philip A. Brimmer on 9/24/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-01221-PAB-CBS
WATER PIK, INC., a Delaware corporation,
Plaintiff,
v.
MED-SYSTEMS, INC., a Washington corporation,
Defendant.

ORDER

This matter is before the Court on the Motion to Stay Execution of the Judgment
Pending Disposition of Appeal [Docket No. 296] filed by defendant Med-Systems, Inc.
In its motion, Med-Systems requests that the Court stay execution of the Final
Judgment [Docket No. 264] with respect to Water Pik’s right to register and use the
SinuSense trademark pending a ruling on its Motion to Alter Judgment [Docket No.
271/273] and, if necessary, an appeal to the Tenth Circuit. Docket No. 296 at 2. The
motion is unopposed.
Rule 62(b) of the Federal Rules of Civil Procedure states:
On appropriate terms for the opposing party’s security, the court may stay
the execution of a judgment – or any proceedings to enforce it – pending
disposition of the following motions:
(1) under Rule 50, for judgment as a matter of law;
(2) under Rule 52(b), to amend the findings or for additional findings;
(3) under Rule 59, for a new trial or to alter or amend a judgment; or
(4) under Rule 60, for relief from a judgment or order.

Fed. R. Civ. P. 62(b). Similarly, Rule 62(d) allows a party to stay execution of a
judgment after an appeal upon filing a supersedeas bond. Fed. R. Civ. P. 62(d). In
most cases, a court sets the amount of bond to cover the full judgment, including costs,
interest, and damages for delay. See Strong v. Laubach, 443 F.3d 1297, 1299 (10th
Cir. 2006).
The Court has denied [Docket No. 319] Med-Systems’ Rule 59 motion [Docket
No. 271/273] and Med-Systems has filed a notice of appeal [Docket No. 297]. The
Court will grant the stay of the judgment and accepts Med-Systems’ supersedeas bond
in the amount of $20,900.72.
Based on the foregoing, it is
ORDERED that Med-Systems’ Motion to Stay Execution of the Judgment
Pending Disposition of Med-Systems’ Motion to Alter Final Judgment Pursuant to
Federal Rule of Civil Procedure 59(e) and Med-Systems’ Appeal [Docket no. 296] is
GRANTED. It is further
ORDERED that, pursuant to Fed. R. Civ. P. 62, execution of the Final Judgment
[Docket No. 264] shall be stayed pending resolution of Med-Systems’ appeal. It is
further
ORDERED that collection of the costs taxed against defendant Med-Systems,
Inc. [Docket No. 293] by the Clerk of the Court shall be stayed upon Med-Systems
posting a supersedeas bond in the amount of $20,900.72.

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DATED September 24, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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