FULMORE v. M & M TRANSPORT SERVICES, INC.

Filing 164

ORDER - The Court in its discretion ORDERS M&M Transport to file with the Court the original bonds secured within seven (7) days of the date of this Order. Original bonds filed with the Court will be maintained in a locked safe within the Financial Department of the United States District Court Clerk's Office. Signed by Judge Tanya Walton Pratt on 9/12/2013.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CARL S. FULMORE,
Plaintiff,
v.
M & M TRANSPORT SERVICES, INC.,
Defendant.

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ORDER

Defendant, M&M Transport Services, Inc., filed two separate Motions to Approve
Supersedeas Bond (Dkts. 139 and 145) pursuant to Federal Rule of Civil Procedure 62(b).
Attached to each motion was a copy of the respective supersedeas bond. The Court granted
these motions on August 29, 2013 (Dkt. 151). In its Entry, the Court instructed that “…M&M
Transport must file its anticipated motions and the supersedeas bonds by or on September 3,
2013” (Dkt.151 at 3). The Court notes that M&M Transport had previously filed a copy of each
supersedeas bond; however, the Court’s intent is that the original copy of each bond should be
maintained with the Clerk of this court.
Fed. R. Civ. P. 62(b) and (d) provide for the posting of a supersedeas bond when a party
seeks to stay execution of a judgment pending a motion for a new trial (62(b)) or appeal (62(d)).
Two points are worth noting. Rule 62(d) is triggered after a party files its notice of appeal, an
event that has not occurred here, and Rule 62(d) is governed by the Federal Rules of Appellate
Procedure. Federal Rule of Appellate Procedure 8(b) provides, in part:
If a party gives security in the form of a bond or stipulation or other undertaking
with one or more sureties, each surety submits to the jurisdiction of the district
court and irrevocably appoints the district clerk as the surety's agent on whom any
papers affecting the surety’s liability on the bond or undertaking may be served.

Fed. R. App. P. 8(b) (emphasis added). Here, the Court uses the standard under Rule 62(d) in
finding that the supersedeas bonds should be filed with the court because it is substantially
identical to the standard under Rule 62(b) and because M&M Transport has indicated that it is
likely to appeal the underlying verdict.
Accordingly, the Court in its discretion ORDERS M&M Transport to file with the Court
the original bonds secured within seven (7) days of the date of this Order. Original bonds filed
with the Court will be maintained in a locked safe within the Financial Department of the United
States District Court Clerk’s Office.

SO ORDERED.
09/12/2013
Date: ____________

DISTRIBUTION:
Richard L. Darst
COHEN GARELICK & GLAZIER
[e-mail]
Melissa S. Vare
JACKSON LEWIS LLP
[e-mail]
Michael W. Padgett
JACKSON LEWIS LLP
[e-mail]
Craig W. Wiley
JACKSON LEWIS LLP - Indianapolis
[e-mail]
United States District Court Clerk’s Office

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana