Kellogg v. Nike et al
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,
NIKE, Inc., an Oregon Corporation, and
NIKE USA, Inc., an Oregon
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,
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:
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.
DATED this 28th day of September, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief District Judge
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