Brandon v. Sherwood et al

Filing 31

ORDER granting 26 Motion to Stay District Court's Order and Judgement Pending Appeal; granting 29 Supplemental Motion to Stay District Court's Order and Judgment Pending Appeal. Signed by Judge Dana L. Christensen on 12/12/2017. (ASG)

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

In re:
STEVEN VINCENT SANN,

Bankruptcy Court Case No.
14-613 70-7/15-00023

Debtor.

CHRISTY L. BRANDON, as Chapter 7
Trustee of the Estate of Steven Vincent
Sann,

ORDER

Plaintiff,
vs.
MICHAEL J. SHERWOOD, and
MICHAEL J. SHERWOOD, P.C.,
Defendants.

Before the Court is Defendants' Motion to Stay District Court's Order and
Judgment Pending Appeal (Doc. 26) and Supplemental Motion to Stay District
Court's Order and Judgement Pending Appeal (Doc. 29). As the deficiencies in
the former were ameliorated by the latter's attachment of a General Surety Rider

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increasing the bond amount to $70,000, the Motion to Stay is unopposed. (Doc.
29 at 2.) Accordingly,
IT IS ORDERED that Defendants' Motion to Stay District Court's Order
and Judgement Pending Appeal (Doc. 26) and Supplemental Motion to Stay
District Court's Order and Judgment Pending Appeal (Doc. 29) are GRANTED.
The Court's Order affirming the Bankruptcy Court's Order awarding judgment in
favor of Plaintiff for the sum of $53,532.00 (Doc. 25) is STAYED pending appeal
to the United States Court of Appeals for the Ninth Circuit.
IT IS FURTHER ORDERED that all other proceedings in this Court or in
the United States Bankruptcy Court for the District of Montana Adversary
Proceeding No. 15-23-JDP are STAYED pending appeal to the United States
Court of Appeals for the Ninth Circuit. This includes, but is not limited to,
briefing and proceedings related to Plaintiff's Motion for Attorneys' Fees and
Brief in Support (Brandon v. Sherwood, Adv. No. 15-23-JDP, Docs. 148; 149
(Bankr. D. Mont. Aug. 29, 2016).
Dated this I 2..fiAday of December, 201 7.

Dana L. Christensen, Chief Judge
United States District Court
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