Quiroz v. Jeffrey A. Dickerson

Filing 161

ORDERED that Quiroz's # 135 Motion for Bond on Appeal is GRANTED in part and DENIED in part. Dickerson shall post a two thousand dollar ($2,000) bond for Quiroz's costs on appeal. IT IS FURTHER ORDERED that Dickerson's # 151 Motion to Stay Judgment without Bond is DENIED. Signed by Judge Larry R. Hicks on 4/22/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MANUEL QUIROZ, JR.,

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Plaintiff,

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v.

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JEFFREY A. DICKERSON,

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Defendant.

3:10-CV-00657-LRH-VPC
ORDER

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Before the court is plaintiff Manuel Quiroz, Jr.’s Motion for Bond on Appeal (#1351).

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Defendant Jeffrey Dickerson has responded (#144), and Quiroz has replied (#149). Also before the

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court is Dickerson’s Motion for Stay of Judgment without Bond (#151), to which Quiroz has

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responded (#152), and Dickerson has replied (#153).

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After a four-day trial, a jury returned a verdict against Dickerson on Quiroz’s claims of

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breach of contract, breach of the implied covenant of good faith and fair dealing, breach of

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fiduciary duty, and negligence. The jury also awarded Quiroz punitive damages. The total judgment

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reached $449,914.00 (#134).

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In his Motion for Bond on Appeal, Quiroz has moved for a bond for costs on appeal as well

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as for a supersedeas bond. In a civil case, “the district court may require an appellant to file a bond

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Refers to court’s docket number. This particular motion is erroneously styled “Motion to
Enforce Judgment” in the court’s electronic docket.

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or provide other security in any form and amount necessary to ensure payment of costs on appeal.”

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Fed. R. App. P. 7; see also Azizian v. Federated Dep't Stores, Inc., 499 F.3d 950, 954 (9th Cir.

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2007). In addition, the appellant may obtain a stay of the judgment by posting a supersedeas bond

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under Federal Rule of Civil Procedure 62(d).

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Here, it is appropriate that Dickerson post a bond for costs on appeal. Dickerson further

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urges this court to stay the judgment without the requirement of posting a supersedeas bond. A stay

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of judgment normally requires a supersedeas bond because a supersedeas bond “protects the

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prevailing plaintiff from the risk of a later uncollectible judgment and compensates him for delay in

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the entry of the final judgment.” NLRB v. Westphal, 859 F.2d 818, 819 (9th Cir. 1988). “When

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determining whether to waive the posting of bond, the district court may look to several criteria ... :

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(1) the complexity of the collection process; (2) the amount of time required to obtain a judgment

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after it is affirmed on appeal; (3) the degree of confidence that the district court has in the

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availability of funds to pay the judgment . . . ; (4) whether the defendant’s ability to pay the

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judgment is so plain that the cost of a bond would be a waste of money; and (5) whether the

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defendant is in such a precarious financial situation that the requirement to post a bond would place

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other creditors of the defendant in an insecure position .” Dillon v. City of Chicago, 866 F.2d 902,

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904-05 (9th Cir.1988) (quotation marks and citations omitted).

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Here, the court finds that Quiroz faces a serious risk of a later uncollectible judgment.

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Dickerson also relies on the fifth Dillon factor by asserting that a stay without bond will

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“financially annihilate” him, pointing to a $1.14 million sanction imposed against him by another

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court. However, in the same argument, Dickerson avers that “he has not filed bankruptcy and . . .

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would not do so as it relates to this judgment.” (Dickerson’s Reply #153, p. 3:21-24.)

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A waiver of the bond requirement pending appeal is therefore inappropriate.

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IT IS THEREFORE ORDERED that Quiroz’s Motion for Bond on Appeal (#135) is

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GRANTED in part and DENIED in part. Dickerson shall post a two thousand dollar ($2,000) bond

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for Quiroz’s costs on appeal.
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IT IS FURTHER ORDERED that Dickerson’s Motion to Stay Judgment without Bond
(#151) is DENIED.

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IT IS SO ORDERED.

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DATED this 22nd day of April, 2013.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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