Frasca et al v. NCL (Bahamas) Ltd. et al
Filing
266
ORDER granting 259 Motion to Stay Execution of Judgment -- provided that Plaintiff deposits 110% of the judgment into the Court's Registry. Signed by Magistrate Judge Jonathan Goodman on 11/13/2014. (tr00)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 12‐20662‐CIV‐GOODMAN
[CONSENT CASE]
THOMAS FRASCA,
Plaintiff,
v.
NCL (BAHAMAS) LTD., et al.,
Defendants.
_______________________________/
ORDER ON MOTION TO STAY EXECUTION OF JUDGMENT
This Cause is before the Undersigned on Plaintiff’s Motion to Stay Execution of
Judgment (the “Motion”). [ECF No. 259]. The Motion is opposed by Defendants. [ECF
No. 262]. Having considered the Motion, the opposition, Plaintiff’s Reply [ECF No. 265],
and the pertinent portions of the record, the Undersigned GRANTS the Motion ‐‐
provided that Plaintiff deposits 110% of the judgment ($15,472.51) into the Court’s
Registry.
Local Rule 62.1(a) provides for an automatic stay of execution of judgment
pending appeal upon the posting of a supersedeas bond in the amount of 110% of the
judgment. In lieu of a surety bond, courts have alternatively accepted deposit of cash
with the registry of the Court. See Shades Ridge Holding Co. v. U.S., Nos. CV85‐PT‐2526‐S,
CV86‐PT‐1415‐S, 1988 U.S. Dist. Lexis 17244 (S.D. Ala. May 18, 1988).
In the current matter, Plaintiff proposes to hold the deposit of $15,472.51 in his
counsel’s IOLTA account pending appeal, or, in the alternative, depositing the funds in
the Court’s Registry. [ECF No. 259]. Defendants oppose Plaintiff’s proposal to hold the
deposit in counsel’s IOLTA account on the grounds that the funds may be difficult to
access in the future should an issue with counsel’s health arise or separate litigation
cause counsel’s account to be frozen. [ECF No. 262, p. 2]. The Undersigned has similar
concerns despite Plaintiff’s counsel’s representations of his good standing with the
Florida Bar and long record of maintaining an IOLTA account without incident. [ECF
No. 265, pp. 1‐2]. Therefore, this alternative is rejected.
In the filings, both parties voiced support for the funds being deposited into the
Court’s Registry as an alternative to a surety bond. Accordingly, the Motion to Stay
Execution of Judgment is GRANTED and Plaintiff is ORDERED to deposit $15,472.51
to the Court’s Registry if he wishes to use this method as an alternative to a surety bond
pending appeal.
The Undersigned notes Plaintiff’s request that the Court direct the Clerk of Court
to impose no charges for depositing or withdrawing funds from the Court’s Registry.
[ECF No. 265, p. 2]. This request is DENIED. As outlined in Administrative Order 2013‐
13,1 Plaintiff’s deposit shall be subject to the same investment services fee and registry
1
The District Court’s Administrative Order can be found at:
http://www.flsd.uscourts.gov/wp‐content/uploads/adminOrders/2013/2013‐13.pdf (last
visited November 12, 2014).
2
fee assessed against the interest generated by the deposited funds that the District Court
imposes on all moneys submitted to the registry.
DONE and ORDERED, in Chambers, in Miami, Florida, November 13, 2014.
Copies furnished to:
All Counsel of Record
3
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