Eclipse Packaging, Inc., dba Flexsol Packaging v. Stewarts of America, Inc. et al

Filing 85

ORDER approving 81 Motion for Bond. The execution of the Amended Judgment is stayed until further order of the Court, pursuant to Rule 62(d) of the Federal Rules of Civil Procedure. Signed by District Judge Richard Voorhees on 8/15/2016. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-00195-RLV-DCK
ECLIPSE PACKAGING, INC., D/B/A
FLEXSOL PACKAGING,
Plaintiff,
v.
STEWARTS OF AMERICA, INC. AND
INDUSTRIAL BRUSH CO., INC.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendant Stewarts of America’s
Motion for Approval of Supercedeas Bond (the “Motion”). [Doc. No. 81]. Defendant moves the
Court under Rule 62 of the Federal Rules of Civil Procedure, and requests that execution of the
Amended Judgment (Doc. No. 78) be stayed pending the disposition of the Defendant’s appeal of
this matter to the United States Court of Appeals for the Fourth Circuit. See [Doc. No. 81].
In support of its Motion, the Defendant has presented the Court with a supercedeas bond
(Bond No. B-1231178) (hereinafter, the “Bond”) in the total amount of $467,086.05, thereby
naming the Cincinnati Insurance Company as surety. [Doc. No. 81-1] at p. 1. The Bond is intended
to secure, pending appeal, the satisfaction of the Court’s Amended Judgment, which was entered
in Plaintiff’s favor in the amount of $358,184.01, along with any attendant interest and costs. Id.
The Court is aware of no compelling reason to deny the request for a stay of execution.
Accordingly, the Court having considered the Motion, and all relevant matters of record,

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IT IS HEREBY ORDERED THAT
(1)

The Bond is APPROVED; and

(2)

The execution of the Amended Judgment is STAYED until further order of
the Court, pursuant to Rule 62(d) of the Federal Rules of Civil Procedure.

SO ORDERED.

Signed: August 15, 2016

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