McCurter v. Luhr Bros Inc

Filing 70

ORDER GRANTING IN PART 53 Motion to Stay. Defendant to file supersedeas bond by May 17, 2013 or as soon as practicable. Signed by Magistrate Judge Donald G. Wilkerson on 5/9/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TERRY R. MCCURTER,
Plaintiff,
v.
LUHR BROS., INC.,
Defendant.

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Case No. 3:11-cv-11-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for a Stay of the Judgment Pending Appeal filed by
Defendant, Luhr Bros., Inc., on April 22, 2013 (Doc. 53). The Motion is GRANTED IN PART.
Defendant seeks to stay the Judgment in this matter pending appeal and further seeks approval of a
“letter of undertaking from defendant’s insurers for the amount of the Judgment in lieu of a supersedeas
bond . . .” Federal Rule of Civil Procedure 62(d) provides that this court may stay judgment “by
supersedeas bond” pending appeal and that the stay becomes effective upon approval of the bond. While
there are certain exceptions to the requirement of a bond, none are applicable to this matter. See
FED.R.CIV.P. 62(a)(1) and (2). Defendant has offered no explanation or argument as to how a “letter of
undertaking” would the equivalent of a supersedeas bond nor has it cited to any authority as to why this
Court should deviate from the Federal Rules.
Therefore, Defendant is ORDERED to file a supersedeas bond in the amount of the judgment,
$669, 564.00, by May 17, 2013, or as soon as practicable. Judgment in this matter will be stayed upon
approval of the bond.
IT IS SO ORDERED.
DATED: May 9, 2013

DONALD G. WILKERSON
United States Magistrate Judge