Raymond v. County of Kaua'i, Kaua'i Police Department et al
Filing
476
ORDER GRANTING DEFENDANT WILCOX MEMORIAL HOSPITAL'S MOTION TO STAY ENFORCEMENT OF JUDGMENT AND FOR DETERMINATION AND APPROVAL OF SUPERSEDEAS BOND re: 472 "For the foregoing reasons, the Cou rt GRANTS Defendant Wilcox Memorial Hospital's Motion to Stay Enforcement of Judgment and for Determination and Approval of Supersedeas Bond, ECF No. 472. Defendant is directed to file the original surety bond with the Clerk of Court. Upon the f iling of the bond, enforcement of the Judgment will be STAYED pending disposition of Defendant's further post-trial motions and any subsequent appeal from the Judgment. IT IS SO ORDERED." Signed by JUDGE ALAN C. KAY on 5/2/2019 (jo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
___________________________________
)
CAMERON RAYMOND,
)
)
Plaintiff,
)
v.
) Civ. No. 15-00212 ACK-RLP
)
WILCOX MEMORIAL HOSPITAL,
)
)
Defendant.
)
___________________________________)
ORDER GRANTING DEFENDANT WILCOX MEMORIAL HOSPITAL’S MOTION TO
STAY ENFORCEMENT OF JUDGMENT AND FOR DETERMINATION AND APPROVAL
OF SUPERSEDEAS BOND
For the reasons set forth below, the Court GRANTS
Defendant Wilcox Memorial Hospital’s Motion to Stay Enforcement
of Judgment and for Determination and Approval of Supersedeas
Bond, ECF No. 472.
BACKGROUND
On June 5, 2015, Plaintiff Cameron Raymond
(“Plaintiff”) filed a ten-count Complaint against nine named
defendants and numerous Doe defendants.
Compl., ECF No. 1.
Following the voluntary dismissal of two defendants, 1/ a
1/
Plaintiff voluntarily dismissed defendants Thomas Hemingway
and Dallen Johns on October 6, 2015. ECF No. 7.
1
stipulation, 2/ the disposition of four motions by defendants, 3/
the death of one defendant, 4/ and a settlement, 5/ Defendant Wilcox
Memorial Hospital (“Defendant”) was the only remaining
defendant, and Plaintiff’s claims of assault, battery, and
intentional infliction of emotional distress (“IIED”) the only
2/
Plaintiff, defendant County of Kaua`i, and defendant Wilcox
Memorial Hospital stipulated on June 16, 2017, that the claims
Plaintiff had asserted against “County of Kaua`i, Kauai Police
Department,” see generally Compl., were against the County of
Kaua`i and not the Kaua`i Police Department. ECF No. 163.
3/ In its June 26, 2017 Order (1) Granting in Part and Denying in
Part Defendant County of Kaua`i’s Motion for Judgment on the
Pleadings or Alternatively Summary Judgment to Which Defendants
Perry, Sarsona, Kim, and Wakumoto Have Filed a Joinder and (2)
Granting in Part and Denying in Part Defendant Wilcox Memorial
Hospital’s Motion for Summary Judgment (“June 26, 2017 Order”),
ECF No. 164, the Court dismissed Plaintiff’s claims against the
Doe defendants without prejudice, id. at 16–17, 56. Defendant
County of Kaua`i filed a motion to dismiss with prejudice all
claims that the June 26, 2017 Order had dismissed without
prejudice. ECF No. 168. The Court, in granting that motion,
also dismissed with prejudice Plaintiff’s claims against the Doe
defendants. ECF No. 173. In August 2018, due to the parties’
evident uncertainty regarding which claims remained, the Court
issued two minute orders clarifying its June 26, 2017 Order.
ECF Nos. 244, 302.
4/ On November 9, 2017, counsel for defendant Jerald Kim filed a
suggestion of death indicating that his client had passed away
in October 2016. ECF No. 187. The Court dismissed Plaintiff’s
claims against Jerald Kim on August 18, 2018. ECF No. 244.
5/ Plaintiff reached a settlement with defendants County of
Kaua`i, Darryl D. Perry, Isaiah Sarsona, and Sandy Wakumoto, see
ECF No. 314-1 at 1, and on October 23, 2018, those defendants
filed a motion for determination of good faith settlement, ECF
No. 314. On November 30, 2018, Magistrate Judge Puglisi issued
his findings and recommendation that the motion be granted. ECF
No. 321. The Court adopted the Magistrate Judge’s findings and
recommendation on December 21, 2018, ECF No. 328, and the
relevant defendants were dismissed with prejudice on January 3,
2019, ECF No. 331.
2
remaining claims. 6/
7/
Plaintiff’s claims arose out of events that
took place on June 5 and 6, 2013.
See Compl. ¶ 29.
Plaintiff
alleged that, following his detention by Kaua`i Police
Department officers and involuntary transportation to Wilcox
Memorial Hospital, see id. ¶ 45, 50, he was injected with Geodon
and haloperidol decanoate (“Haldol”) against his will, id. ¶¶
72–78, and suffered a number of ill effects, id. ¶¶ 79–80, 94,
97–103, 110.
6/
Plaintiff originally asserted, in addition, claims arising
under § 1983, as well as claims of negligence, false
imprisonment, medical negligence, and negligent infliction of
emotional distress (“NIED”) against Defendant. See generally
Compl. In its June 26, 2017 Order, the Court granted
Defendant’s motion for summary judgment as to all of these
claims, but denied Defendant’s motion as to Plaintiff’s claims
for assault, battery, and IIED. June 26, 2017 Order at 42–55.
7/ The Court had original jurisdiction over this matter due to
Plaintiff’s assertion of federal claims, 28 U.S.C. § 1331; see
Compl. ¶¶ 111–27 (asserting claims under 42 U.S.C. § 1983), and
to the fact that his other claims were “so related . . . that
they form[ed] part of the same case or controversy[,]” 28 U.S.C.
§ 1367(a). Although the June 26, 2017 Order disposed of a
number of Plaintiff’s claims, a § 1983 claim against a nowdismissed defendant survived. June 26, 2017 Order at 21–23.
Trial in this matter was scheduled to commence on
August 28, 2018, Amended Rule 16 Scheduling Order, ECF No. 184 ¶
1, but was continued on the motion of now-dismissed defendants,
see ECF No. 305. As iterated above, those defendants reached a
settlement with Plaintiff in October 2018, see ECF No. 314, and,
in January 2019, were dismissed from this action with prejudice,
ECF No. 331, along with the only remaining federal claim.
The Court, having considered the factors of judicial
economy, convenience, fairness, and comity, exercised its
discretion to retain jurisdiction over the remaining state-law
claims. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350
n.7 (1988); see also Acri v. Varian Associates, Inc., 114 F.3d
999, 1000 (9th Cir. 1997).
3
Following jury selection on March 12, 2019, ECF No.
436, jury trial in this matter took place on March 13–15 and 20–
21, 2019, ECF Nos. 437, 438, 440, 455, 456.
On March 18, 2019,
Defendant filed a motion for judgment as a matter of law, ECF
No. 444, to which Plaintiff filed an opposition the following
day, ECF No. 453.
The Court heard oral argument on the motion
on March 20, 2019, ECF No. 455, but declined to rule thereon
until after the verdict had been rendered.
The jury deliberated
on March 21 and 22, 2019, ECF Nos. 456, 461, and on March 22,
2019, returned a verdict in favor of Plaintiff, ECF Nos. 461,
463.
Finding Defendant liable for assault, battery, and IIED,
the jury awarded Plaintiff $722,600, comprising $297,600 in
compensatory damages 8/ and $425,000 in punitive damages.
ECF No.
463.
On April 16, 2019, the Court issued an order denying
Defendant’s motion for judgment as a matter of law.
470.
ECF No.
Also on April 16, 2019, the Judgment was entered in
Plaintiff’s favor in the amount of $722,600 in accordance with
the jury’s verdict.
On April 22, 2019, Defendant filed the instant Motion
to Stay Enforcement of Judgment and for Determination and
8/
The jury found that Plaintiff had suffered $22,000 in special
damages and $350,000 in general damages, ECF No. 463 at 4, but
also found that Plaintiff had failed to mitigate damages in the
amount of $74,400, id. at 7.
4
Approval of Supersedeas Bond (“Motion”), ECF No. 472, together
with a memorandum in support, ECF No. 472-1.
Attached to the
Motion was a copy of a surety bond in the amount of $867,120—
i.e., 120% of the amount of the verdict.
Declaration of Edquon
Lee (“Lee Decl.”), ECF No. 472-2 ¶¶ 4, 5; Surety Bond, ECF No.
472-5.
The Court issued a minute order on April 23, 2019,
designating the Motion as a non-hearing motion pursuant to Local
Rule 7.2 and directing that any opposition to the Motion be
filed by April 30, 2019, with any reply being due by noon on May
3, 2019.
ECF No. 473.
Plaintiff did not file an opposition.
STANDARD
Federal Rule of Civil Procedure (“Rule”) 62(a)
provides that, absent a court order to the contrary, and as
pertinent here, 9/ “execution on a judgment and proceedings to
enforce it are stayed for 30 days after its entry[.]”
Under Rule 62(b), “[a]t any time after judgment is
entered, a party may obtain a stay by providing a bond or other
security.
The stay takes effect when the court approves the
bond or other security and remains in effect for the time
specified in the bond or other security.”
9/
Rule 62(a)’s dictates apply “[e]xcept as provided in Rule
62(c) and (d).” Rule 62(a). Rule 62(c) and (d) concern
injunctions, receiverships, and patent accounting errors. Rule
62(c), (d).
5
“The purpose of a supersedeas bond is to secure the
appellees from a loss resulting from the stay of execution and a
full supersedeas bond should therefore be required.” Rachel v.
Banana Republic, Inc., 831 F.2d 1503, 1505 n.1 (9th Cir. 1987)
(citation omitted); see also NLRB v. Westphal, 859 F.2d 818, 819
(9th Cir. 1988) (“The posting of a bond protects the prevailing
plaintiff from the risk of a later uncollectible judgment and
compensates him for delay in the entry of the final judgment.”).
“District courts have inherent discretionary authority
in setting supersedeas bonds; review is for an abuse of
discretion.” Rachel, 831 F.2d at 1505 n.1 (citation omitted).
Courts frequently require a supersedeas bond for the amount of
the judgment plus interest, costs, and an estimate of any
damages attributed to the delay. 11 Charles Alan Wright & Arthur
R. Miller, Fed. Prac. & Proc. Civ. § 2905 (3d ed., Apr. 2019
Update).
DISCUSSION
Defendant moves to stay enforcement of the Judgment
pending disposition of its post-trial motions and any subsequent
appeal from the Judgment.
Mem. in Supp. at 3. 10/ “To secure
10/
The Memorandum in Support indicates that Defendant “intends
to timely file a Renewed Motion for Judgment as a Matter of Law
and Alternatively for a New Trial . . . and possibly other posttrial motions as well. [Defendant] further reserves the right
to file a Notice of Appeal, if necessary.” Mem. in Supp. at 2.
6
Plaintiff’s interest in the Judgment pending resolution of posttrial motions and an appeal, [Defendant] has obtained a surety
bond in the amount of $867,120[.]” Id. at 4; see also Surety
Bond.
Having carefully considered the circumstances, and in
light of the absence of any opposition by Plaintiff, the Court
finds that the amount of the surety bond—120% of the amount of
the Judgment—is sufficient to account for the accruing interest
on the amount owed to Plaintiff, as well as the costs of any
appeal and damages for delay.
See, e.g., Alday v. Raytheon Co.,
No. CV 06-32 TUC DCB, 2008 WL 11441996, at *2 (D. Ariz. Sept.
10, 2008) (finding a supersedeas bond of 120% of the
$1,727,431.80 judgment sufficient); United States v. Cowan, 535
F. Supp. 2d 1135, 1148 (D. Haw. 2008) (setting the amount of a
supersedeas bond at 120% of the $297,791.24 judgment “to take
into account additions of interest, costs of appeal, [and]
damages for delay”).
7
CONCLUSION
For the foregoing reasons, the Court GRANTS Defendant
Wilcox Memorial Hospital’s Motion to Stay Enforcement of
Judgment and for Determination and Approval of Supersedeas Bond,
ECF No. 472.
Defendant is directed to file the original surety
bond with the Clerk of Court.
Upon the filing of the bond,
enforcement of the Judgment will be STAYED pending disposition
of Defendant’s further post-trial motions and any subsequent
appeal from the Judgment.
IT IS SO ORDERED.
DATED: Honolulu, Hawai`i, May 2, 2019.
________________________________
Alan C. Kay
Sr. United States District Judge
Raymond v. Wilcox Mem’l Hosp., Civ. No. 15-212 ACK-RLP, Order Granting
Defendant Wilcox Memorial Hospital’s Motion to Stay Enforcement of Judgment
and for Determination and Approval of Supersedeas Bond.
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?