Hemminghaus v. Missouri

Filing 102

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for stay pending appeal and to deposit funds into the registry of court 101 is GRANTED. Plaintiff shall deposit $8,527.20 into the registry of the court and shall comply with Local Rule 67-13.04 in making that deposit. IT IS FURTHER ORDERED that enforcement of the judgment taxing costs against plaintiff is STAYED pending the outcome of plaintiff's appeal. Signed by District Judge Catherine D. Perry on April 29, 2013. (MCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION NADINE HEMMINGHAUS, Plaintiff, vs. STATE OF MISSOURI, et al., Defendants. ) ) ) ) ) Case No. 4:11CV736 CDP ) ) ) ) MEMORANDUM AND ORDER After I granted defendants’ motion for summary judgment, plaintiff Nadine Hemminghaus filed a Notice of Appeal. On April 10, 2013, costs of $8,527.20 were taxed against plaintiff. She has now moved for a stay of the judgment taxing costs against her while her appeal is pending. Though she acknowledges that such a stay of judgment is typically granted upon posting of a supersedeas bond, she seeks to pay $8,527.20 into the registry of the court rather than posting a bond. In the alternative, she seeks an order allowing her to post a bond. Under Rule 62(d) of the Federal Rules of Civil Procedure, an appellant may obtain a stay by supersedeas bond once she has filed a notice of appeal. The rule has been interpreted to permit an appeal “as a matter of right” to an appellant who posts an adequate bond. United States v. Mansion House Ctr. Redevelopment Co., 682 F. Supp. 446, 449 (E.D. Mo. 1988). Generally, a supersedeas bond is set in the full amount of the judgment plus interest, costs, and damages for delay. New Access Commc’ns LLC v. Qwest Corp., 378 F. Supp. 2d 1135, 1138 (D. Minn. 2005). The district court, however, retains discretion to require only a partial bond or to waive the bond entirely, while still implementing a stay of the judgment pending appeal. Id. The purpose of a supersedeas bond is to serve “as a guarantee by the appellant that he will satisfy the judgment plus interest and costs if it is affirmed on appeal.” Id. at 449 n.5. I find that, in this case, plaintiff’s payment of $8,527.20 into the registry of the court will serve the same purpose as posting a supersedeas bond. Though this amount does not include potential damages from the delay caused by the appeal, I am satisfied that it is a sufficient amount to protect the parties’ interests. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for stay pending appeal and to deposit funds into registry of court [#101] is GRANTED. Plaintiff shall deposit $8,527.20 into the registry of the court and shall comply with Local Rule 67–13.04 in making that deposit. IT IS FURTHER ORDERED that enforcement of the judgment taxing costs against plaintiff is STAYED pending the outcome of plaintiff’s appeal. CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 29th day of April, 2013. –2–

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