Webb et al v. Teco Barge Line, Inc.

Filing 150

ORDER granting 142 motion to stay. Upon approval of the bond, the Court will stay the judgment. The Court defers ruling on plaintiff's bill of costs until the appeal is final. Signed by Chief Judge David R. Herndon on 4/23/2012. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TYREE R. WEBB,
Plaintiff,
v.
TECO BARGE LINE, INC.,
Defendant.

No. 07-514-DRH
ORDER

HERNDON, Chief Judge:
Before the Court is defendant’s motion for a stay of the judgment pending
appeal. (Doc. 142). In defendant’s motion, defendant seeks an order approving a
letter of undertaking from defendant’s insurer for the amount of the judgment in lieu
of a supersedeas bond. Alternatively, defendants requests an order approving a
supersedeas bond in the amount of the judgment. Plaintiff objects to defendant’s
motion (Doc. 148), contending that because defendant has not complied with Federal
Rule of Civil Procedure 62(d), defendant’s motion should be denied.
Federal Rule of Civil Procedure Rule 62(d) provides that “[i]f an appeal is
taken, the appellant may obtain a stay by supersedeas bond” unless one of two
exceptions applies. FED. R. CIV. P. 62(d). “The bond may be given upon or after filing
the notice of appeal or after obtaining the order allowing the appeal.” Id. “The stay
takes effect when the court approves the bond.” Id.
Here, no exception applies to defendant’s right to obtain a supersedeas bond.
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Accordingly, the Court grants defendant’s motion for a stay of the judgment pending
appeal (Doc. 142). Defendant is ordered to file a supersedeas bond with the Court
as soon as practicable in the amount of $4,293,271.56. Upon approval of the bond,
the Court will stay the judgment.
The Court will defer ruling on plaintiff’s Bill of Costs (doc. 139), to which there
has been an objection (doc. 141), until the appeals are final.
IT IS SO ORDERED.

Digitally signed by
David R. Herndon
Date: 2012.04.23
10:53:23 -05'00'

Signed this 23rd day of April, 2012.

Chief Judge
United States District Court

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