Chavis Van & Storage of Myrtle Beach, Inc. et al v. United Van Lines, LLC et al

Filing 151

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's unopposed motion to stay execution of costs pending appeal 150 is granted, and this Court's May 1, 2014 Order awarding costs is stayed during the pendency of appeal without any supersedeas bond being required.. Signed by District Judge Rodney W. Sippel on 5/8/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHAVIS VAN & STORAGE OF
MYRTLE BEACH, INC., et al.,
Plaintiffs,
vs.
UNITED VAN LINES, LLC, et al.,
Defendants.

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Case No. 4:11CV1299 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiffs’ unopposed motion to stay execution of costs
pending appeal under Fed. R. Civ. P. 62(d). On February 27, 2014, I granted defendants’ motion
for summary judgment and dismissed plaintiffs’ complaint. Plaintiffs appealed that ruling. On
May 1, 2014, I issued an Order taxing costs against plaintiff Chavis and in favor of defendants in
the amount of $22,796.55. Plaintiffs now seek to stay execution of that cost award pending
appeal without posting a supersedeas bond. The Court has discretion to grant a stay without a
supersedeas bond upon a proper showing. United States v. Mansion House Center
Redevelopment Co., 682 F. Supp. 446, 449-50 (E.D. Mo. 1988). Given that there is no
underlying money judgment being appealed from and defendants do not oppose the motion, the
Court finds that relevant factors weigh in favor of issuing a stay without a bond requirement.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s unopposed motion to stay execution of costs
pending appeal [#150] is granted, and this Court’s May 1, 2014 Order awarding costs is stayed
during the pendency of appeal without any supersedeas bond being required.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 8th day of May, 2014.

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