Kellogg v. Nike et al

Filing 404

ORDER regarding MOTION to Enforce Surety's Liability by Executing on Supersedeas Bond 402 - The Clerk of Court is directed to mail a copy of plaintiff's motion, attachments thereto, and this order to: Safeco Insurance Company of America & General Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, WA 98154. The surety shall respond to the motion within 14 days of the date of this order, at which time the matter will be considered submitted. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GERALD A. KELLOGG, an Individual,
Plaintiff,
v.
NIKE, Inc., an Oregon Corporation, and
NIKE USA, Inc., an Oregon
Corporation,
Defendants.

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8:07CV70

ORDER

This matter is before the court on the plaintiff’s motion to enforce surety’s liability by
executing on the supersedeas bond, Filing No. 402. This court entered judgment for
attorney’s fees in favor of Kellogg and against Nike in the amount of $387,755.00, plus
costs in the amount of $23,932.00. Filing No. 383. Nike appealed that judgment and this
court stayed execution on the judgment after Nike posted its Supersedeas Bond No.
6675364, in the amount of $500,000.00, naming Safeco Insurance Company of America
and General Insurance Company of America as surety. Filing No. 391, Order; Filing No.
394, supersedeas bond. The defendants’ appeal has now been dismissed. Filing No. 401,
Mandate.
It appears that this is a proper case for the enforcement of the bond. As of the date
of the filing of the plaintiff’s motion, 614 days passed since the entry of judgment, accruing
interest in the amount of $2,423.88, for a total current Judgment of $414,110.88, plus
interest at the legal rate from and after September 26, 2011. See Filing No. 402, Ex. B.
Accordingly, Pursuant to Fed. R. Civ. P. 65.1,

IT IS ORDERED:
1.

The Clerk of Court is directed to mail a copy of plaintiff’s motion, attachments
thereto, and this order to:
Safeco Insurance Company of America &
General Insurance Company of America
1001 4th Avenue, Suite 1700
Seattle, WA 98154

2.

The surety shall respond to the motion within 14 days of the date of
this order, at which time the matter will be considered submitted.

DATED this 28th day of September, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief District Judge

*This opinion m ay contain hyperlinks to other docum ents or W eb sites. The U.S. District Court for
the District of Nebraska does not endorse, recom m end, approve, or guarantee any third parties or the services
or products they provide on their W eb sites. Likewise, the court has no agreem ents with any of these third
parties or their W eb sites. The court accepts no responsibility for the availability or functionality of any
hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to som e other site does not affect
the opinion of the court.
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