Southern States Cooperative Inc v. Melick Aquafeeds Inc

Filing 134

ORDER granting 133 Motion to Stay. Ordered by Judge Hugh Lawson on 5/23/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
SOUTHERN STATES COOPERATIVE, INC., :
:
Plaintiff,
:
:
v.
:
:
MELICK AQUAFEEDS, INC., and MELICK :
:
AQUAFEED, LLC,
:
:
Defendants.
___________________________________ :

Civil Action No.
7:08-cv-13 (HL)

ORDER
Before the Court is the Defendants’ renewed motion for a stay of the
proceedings to enforce the judgment (Doc. 133). Previously the Court entered an
order staying the execution of judgment upon the posting of the supersedeas bond
in the amount of $780,000. The order was silent on the duration of the stay.
On May 13, 2011, the Court denied the Defendants’ renewed motion for
judgment as a matter of law, lifted the stay of the execution of the judgment, and
instructed the Defendants to file a motion to stay execution of the judgment pending
any appeal.

It appears that it was not necessary to lift the stay because the

supersedeas bond contained language stating that the bond would stay in effect until
the “[renewed motion for judgment of as a matter of law] was denied and/or said
appeal is dismissed or said judgment is affirmed.” (Doc. 120). In any event, this
order clarifies the proceedings and previous orders.
The renewed motion to stay execution of the judgment (Doc. 133) is granted.

To be clear, execution of the judgment will be stayed and the original bond will
remain in effect until the appeal terminates.
SO ORDERED, this the 23rd day of May, 2011.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
lmc

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