Specht et al v. Google Inc et al

Filing 387

MOTION by Plaintiffs Andoid's Dungeon Incorporated, The, Android Data Corporation, Erich Specht for bond approval (Murphy, Martin)

Marty Murphy
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[e-mail]
Monday, October 31, 2011 1:55 PM
[e-mail]
[e-mail]
Specht/Google
pdf.pdf

Mr. Murphy,
The Court's Order (a copy of which is attached) is very clear "Plaintiffs' motion to stay enforcement is
granted and will become effective upon posting of a supercedeas bond in the amount of $21,000." There
is no calculations being done in the Court's Order. As you aptly point out, L.R. 65.1 permits a party to ask
for a larger or smaller bond -- which is precisely what Google did. We asked for and obtained a bond in
the amount of $21,000. We will leave it up to you and your client as to whether you will post the Court
ordered bond (letter of credit) or have Google initiate enforcement efforts and potential freezing of your
client's accounts. We hope that enforcement will not be necessary and that the appropriate letter of credit
will be in place and filed by the end of the week.
Herb Finn

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Mr. Murphy,
Please express our condolences to Mr. and Mrs. Specht and their family.
As to posting a letter of credit, we do not agree to the amount you calculated. The Court ordered the
bond in the amount of $21,000. As such, we believe the proper calculation to be:
Bond Ordered
Reserve for costs per L.R. 62.1
Interest per 28 U.S.C. Sec. 1961
Weekly average 1-year constant maturity Treasury yield w/e 10/21/2011 at 0.12%
Total Amount of letter of credit should be:

$ 21,000
$ 500
$25.20
$21,525.20

We look forward to receiving confirmation of posting in the amount of $21,525.20, by next Thursday as
indicated.
Herb Finn

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Mr. Murphy,
As Judge Leineweber has not denied Plaintiffs' Motion to Vacate his awarding of costs, and in view of the
months that Plaintiffs have had to comply with the Court's prior orders to either pay the awarded costs or
to post the appropriate bond with the Clerk, we reiterate our request that you confirm compliance. If we
do not receive either payment or confirmation (including copies of the filed documentation) that bond has
been posted with the Clerk by Monday, October 31, we have been instructed to proceed with
enforcement of the Court's Order.
Herb Finn

3

Mr. Murphy,
Please confirm that you have complied with Judge Leinenweber's August 17, 2011 Order and that
Plaintiffs have posted the requisite bond with the Clerk of the District Court. Your early provision of
copies of the check and any associated documents submitted to or received from the Clerk is
appreciated.
Herb Finn

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