Wooten v. BNSF Railway Company

Filing 312

ORDER granting in part and denying in part 298 Motion to Stay. Execution of the November 7, 2018 Judgment 294 is hereby STAYED pending resolution of the Parties' post-trial motions pursuant to Federal Rule of Civil Procedure 62(a). BNSF's request for waiver of a supersedeas bond is DENIED SUBJECT TO RENEWAL at the appropriate time. Signed by Judge Dana L. Christensen on 12/13/2018. (ASG)

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

FILED
DEC 13 20TB
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ZACHARY WOOTEN,
CV 16-139-M-DLC
Plaintiff,
ORDER

vs.
BNSF RAILWAY COMPANY, a
Delaware Corporation,
Defendant.

Before the Court is Defendant BNSF Railway Company's ("BNSF") Motion
for Stay of Execution of Judgment and Waiver of Supersedeas Bond (Doc. 298).
Pursuant to Federal Rule of Civil Procedure 62(b) 1, BNSF requests that the Court
stay execution of the judgment entered following the jury trial of this matter on
November 7, 2018, pending "disposition of new trial and post-trial motions and
any appeal to the United States Court of Appeals for the Ninth Circuit." (Doc. 299
at 2-3.) BNSF further requests the Court waive the supersedeas bond. (Id. at 2.)
Plaintiff Zachary Wooten ("Wooten") does not object to staying execution of
judgment but does object to waiving the supersedeas bond at this time because the
1

Effective December 1, 2018, the authority providing the Court with the discretion to stay
execution of judgment pending resolution of post-trial matters is now found within Federal Rule
of Civil Procedure 62(a) which allows the Court to order a stay extending beyond the 30-day
automatic stay upon entry of judgment.

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request is premature under the plain language of Rule 62(d). (Doc. 300 at 1-3.)
BNSF concedes this point in its reply brief. (Doc. 305 at 2.) Accordingly,
IT IS ORDERED that BNSF's Motion (Doc. 298) is GRANTED IN PART
AND DENIED IN PART. Execution of the November 7, 2018 Judgment (Doc.
294) is hereby STAYED pending resolution of the Parties' post-trial motions
pursuant to Federal Rule of Civil Procedure 62(a). Namely, Wooten's Motion to
Alter Judgment (Doc. 296), Wooten's Motion for Attorney's Fees and NonTaxable Costs (Doc. 301), and BNSF's Renewed Motion for Judgment as a Matter
of Law, Motion for New Trial, to Alter or Amend Judgment, and Remittitur (Doc.
307). BNSF's request for waiver of a supersedeas bond is DENIED SUBJECT TO
RENEWAL at the appropriate time.
DATED this l3~day of December, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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