Armstead v. Allstate Property & Casualty Insurance Company

Filing 195

OPINION AND ORDER. Respondent Sandra Finch's Motion to Stay Mandate Pending Ruling on Petition for Writ of Certiorari 191 is DENIED. Respondent Sandra Finch shall, on or before November 30, 2017, deposit $1,548.00, plus interest, into th e Registry of the Court. These funds shall be held in the Registry pending the Supreme Court's decision as to whether it will grant or deny certiorari regarding the Eleventh Circuit's decision dated July 14, 2017. If the U.S. Supreme Court denies Ms. Finch's petition for certiorari, Ms. Finch shall, within thirty (30) days of the denial, submit the article required by this Court's November 8, 2017 order. Signed by Judge William S. Duffey, Jr on 11/21/2017. c: Financial Office (bgt) Modified docket text on 11/21/2017 (bgt).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ELAINE ARMSTEAD,
Plaintiff,
v.

1:14-cv-586-WSD

ALLSTATE PROPERTY &
CASUALTY INSURANCE
COMPANY,
Defendant,
SANDRA FINCH,
Respondent.

OPINION AND ORDER
This matter is before the Court on Respondent Sandra Finch’s
(“Respondent”) Motion to Stay Mandate Pending Ruling on Petition for Writ of
Certiorari [191] (“Motion to Stay”).
On December 6, 2016, December 21, 2016, and November 8, 2017, the
Court entered orders, ([165]; [167]; [189]), requiring Respondent to pay Defendant
Allstate Property & Casualty Insurance Company (“Defendant”) $1,548.00 in
attorneys’ fees and personally author and submit for publication to the Georgia Bar
Journal and the Arizona Attorney an article discussing the practical and legal
consequences of failing to be candid with the court and comply with court rules

and orders. On November 11, 2017, Respondent filed her Motion to Stay.
Respondent argues a stay is appropriate under Rule 62(f) of the Federal Rules of
Civil Procedure. Respondent further argues that she is not required to post a
supersedeas bond.1 Defendant filed a response to Respondent’s motion, but later
withdrew it.
Upon consideration of Respondent’s Motion to Stay, the Court grants some
relief of this Court’s judgment pending her petition for certiorari to the U.S.
Supreme Court. The Court also finds that it is reasonable, and within the Court’s
discretion, to order Ms. Finch to deposit $1,548.00, plus interest, into the Registry
of the Court to secure the required payment to Defendant Allstate Property &
Casualty Insurance Company. The article required to be written and submitted for
publication is delayed as ordered below.

1

Respondent cites O.C.G.A. § 9-11-62(d) for the proposition that she is
entitled to a stay without having to post a bond. Section 9-11-62(d) states:
When an appeal is taken by the state or by any county, city, or town
within the state, or an officer or agency thereof, and the operation or
enforcement of the judgment is stayed, no bond, obligation, or other
security shall be required from the appellant.
This provision, on its face, does not apply. Ms. Finch is not “the state,” or
“any county, city, or town within the state, or an office or agency thereof.”
2

For the foregoing reasons,
IT IS HEREBY ORDERED that Respondent Sandra Finch’s Motion to
Stay Mandate Pending Ruling on Petition for Writ of Certiorari [191] is DENIED.
IT IS FURTHER ORDERED that Respondent Sandra Finch shall, on or
before November 30, 2017, deposit $1,548.00, plus interest,2 into the Registry of
the Court. These funds shall be held in the Registry pending the Supreme Court’s
decision as to whether it will grant or deny certiorari regarding the Eleventh
Circuit’s decision dated July 14, 2017.
IT IS FURTHER ORDERED that if the U.S. Supreme Court denies Ms.
Finch’s petition for certiorari, Ms. Finch shall, within thirty (30) days of the denial,
submit the article required by this Court’s November 8, 2017 order.

SO ORDERED this 21st day of November, 2017.

2

This is the amount due to Defendant Allstate Property & Casualty Insurance
Company should Ms. Finch fail to succeed on her appeal to the United States
Supreme Court. ([189]).
3