NETBANK V COMMERCIAL MONEY CENTER, INC.

Filing 299

ORDER Granting 292 Defendant's Motion to Stay Judgment until resolution of 278 Safecos Motion for New Trial. IT IS FURTHER ORDERED that Safeco need not post any bond to stay execution of the judgment while its Motion for New Trial is pending. Signed by Judge Kent J. Dawson on 12/17/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
FDIC as Receiver for Netbank, FSB,

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CASE NO. 2:02-cv-01051-KJD-LRL

Plaintiff,
v.

[PROPOSED] ORDER

Safeco Insurance Company of America,
Defendant.

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Before the Court is Defendant Safeco Insurance Company of America (“Safeco”)’s Motion to

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Stay Judgment Pursuant to Federal Rule of Civil Procedure 62(b) (ECF No. 292), requesting a stay of

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execution of, or any proceedings to execute, the final judgment on liability and compensatory

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damages (ECF No. 291) until resolution of Safeco’s Motion for New Trial (ECF No. 278). Plaintiff

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FDIC, as receiver for Netbank, filed a statement of Non-Opposition to Safeco’s Motion to Stay

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Judgment (ECF No. 297). Having considered the Motion to Stay Judgment and the file in this matter,

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IT IS HEREBY ORDERED that Safeco’s Motion to Stay Judgment Pursuant to Federal

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Rule of Civil Procedure 62(b), to stay execution of, or any proceedings to execute, the final judgment

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on liability and compensatory damages until resolution of Safeco’s Motion for New Trial, is

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GRANTED.

Gibson, Dunn &
Crutcher LLP

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[PROPOSED] ORDER – NO. 2:02-CV-01051-KJD-LRL

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IT IS FURTHER ORDERED that Safeco need not post any bond to stay execution of the

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judgment while its Motion for New Trial is pending. If Safeco does not obtain favorable relief on its

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Motion for New Trial, Safeco has stated that it will take an appeal and post bond pursuant to Federal

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Rule of Civil Procedure 62(d) in order to further stay execution of the judgment. In light of that

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commitment, the Court finds that the FDIC’s security is adequately protected. Fed. R. Civ. P. 62(b).

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Dated: December17 2012
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Kent J. Dawson
United States District Judge

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Gibson, Dunn &
Crutcher LLP

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[PROPOSED] ORDER – NO. 2:02-CV-01051-KJD-LRL