Cox et al v. KLS Martin, L.P.

Filing 185

ORDER entered by Judge Ortrie D. Smith. Defendant's Motion (Doc. No. 182) for an order staying enforcement of the judgment is granted. (Matthes, Renea)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION CHAD COX and COURTNEY COX, Individually and as Natural Guardians of J.C, Plaintiffs, v. KLS MARTIN, L.P., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 10-1204-CV-W-ODS ORDER GRANTING STAY OF ENFORCEMENT OF JUDGMENT PENDING APPEAL Before the Court is Defendant’s Motion (Doc. No. 182) for an order staying enforcement of the judgment in this matter pending appeal. Upon review of the pleadings, and for the reasons set forth in Defendant’s Motion, the Court finds that the underlying judgment is sufficiently secured in light of the policy of insurance providing coverage to Defendant and Defendant’s Motion is hereby GRANTED. IT IS HEREBY ORDERED THAT Defendant’s policies of insurance with Indian Harbor and XL Insurance policies shall be posted as security in lieu of an appeal bond. IT IS FURTHER ORDERED THAT Defendant shall not be required to post further appeal bond to secure the underlying judgment pending appeal. IT IS FURTHER ORDERED THAT enforcement of Plaintiff’s Judgment against Defendant is hereby stayed while appeal of the Judgment is pending. IT IS SO ORDERED. DATE: October 21, 2013 /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT

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