Moore et al v. Ferguson Police Department et al
MEMORANDUM AND ORDER re: 174 MOTION to Stay Execution of Judgment filed by Defendant Brian Kaminski, Defendant Ferguson, Missouri, City of. IT IS HEREBY ORDERED that defendants' motion to stay execution of judgment (#174) DENIE D in part and GRANTED in part. IT IS FURTHER ORDERED that execution of judgment in this matter is STAYED pending resolution of the defendants' post-trial motions. IT IS FINALLY ORDERED that defendants shall post a bond of $1,000,000. Signed by District Judge Stephen N. Limbaugh, Jr on 12/14/16. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
TINA MOORE, individually and as
Personal Representative of the ESTATE OF )
JASON MOORE, et al.,
CITY OF FERGUSON, MISSOURI, et al., )
No. 4:14-cv-1443 SNLJ
No. 4:14-cv-1447 SNLJ
MEMORANDUM and ORDER
This matter is before the Court on defendant’s motion to stay execution of
judgment (#174). Defendants seek to stay execution of the judgment in light of
defendants’ planned post-trial motions, and defendants further request this stay without
the Court’s requiring a bond.
Federal Rule of Civil Procedure 62(b) states
Stay Pending the Disposition of a Motion. On appropriate
terms for the opposing party’s security, the court may stay the
execution of a judgment --- or any proceedings to enforce it -- pending disposition of [post-trial motions].
Defendants insist that a bond is not necessary here because their insurance policy covers
the amount of the judgment. However, plaintiffs point out the policy limits are $3
million. Although the judgment in this case is less than $3 million, costs and fees
awarded in this matter may bring the total amount to close to $4 million. As a result, the
Court will grant defendants’ motion to stay the execution of the judgment, and defendants
will not be required to post a bond for the full amount. However, defendants shall obtain
a bond covering the $1 million that may be due over and above the defendants’ insurance
IT IS HEREBY ORDERED that defendants’ motion to stay execution of
judgment (#174) DENIED in part and GRANTED in part.
IT IS FURTHER ORDERED that execution of judgment in this matter is
STAYED pending resolution of the defendants’ post-trial motions.
IT IS FINALLY ORDERED that defendants shall post a bond of $1,000,000.
Dated this 14th day of December, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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