ASARCO v. British Petroleum et al

Filing 272

ORDER granting 271 Motion. The automatic stay of proceedings to enforce or execute the judgment is extended to and including 14 days after the Court decides the amount of attorneys' fees, costs, and interest to which Asarco is entitled. Signed by Judge Dana L. Christensen on 7/10/2018. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FILED
JUL 1o2018
9erk., u.s Co

District Of M Urts
Missoula o·Of!~ana
1v1s1on

ASARCO LLC, a Delaware
corporation,

CV 12-53-H-DLC

Plaintiff,
ORDER

v.
ATLANTIC RICHFIELD COMPANY,
a Delaware Corporation,
Defendant.

Defendant Atlantic Richfield Company ("Atlantic Richfield") moves for a
temporary extension of the automatic stay of proceedings to enforce the judgment.
(Doc. 271.) Fed. R. Civ. P. 62(a) automatically stays any proceedings to enforce
or execute the judgment for 14 days. This automatic stay will expire on July 10,
2018. Atlantic Richfield attempted to contact to Asarco LLC ("Asarco") as to its
position regarding the extension of the automatic stay, but Asarco has not yet
responded.
Atlantic Richfield currently is evaluating whether to file any post-trial
motions or an appeal, and the Court ordered briefing regarding attorney's fees and
costs as well as the rate and calculation of prejudgment interest are not yet fully

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briefed. Atlantic Richfield requests that the Court extend the automatic stay of
proceedings to enforce or execute the judgment to and including 14 days after the
Court decides the amount of attorneys' fees, costs, and interest to which Asarco is
entitled.
Given the current circumstances of this case post-judgment, and the Court
ordered additional briefing that has yet to occur, the Court finds that an extension
of the automatic stay is warranted.
Accordingly, IT IS ORDERED that the Motion (Doc. 271) is GRANTED.
The automatic stay of proceedings to enforce or execute the judgment is extended
to and including 14 days after the Court decides the amount of attorneys' fees,
costs, and interest to which Asarco is entitled.
DATED this 10th day of July, 2018.

Dana L. Christensen, Chief istrict Judge
United States District Court

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