Caruthers v. Vitex, Inc.

Filing 40

NOTICE OF LIFTING OF STAY OF EXECUTION OF JUDGMENT- Vitex has failed to deposit money in accordance with the Courts January 9, 2020 order. Therefore, the stay of execution on the judgment is hereby lifted and Plaintiff may proceed with executing on the judgment. Signed by District Judge Kenneth D. Bell on 1/28/2020. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:17-CV-00098-KDB-DSC
THOMAS M. CARUTHERS JR.,
Plaintiff,
v.

NOTICE OF LIFTING OF
STAY OF EXECUTION OF
JUDGMENT

VITEX, INC.,
Defendant.

On January 9, 2020, this Court granted Defendant Vitex, Inc.’s (“Vitex”) motion to stay
the enforcement of judgment. (Doc. No. 39). The Court ordered Vitex to deposit $179,857.60 with
the Clerk of Court as cash security staying execution of the judgment pending resolution of Vitex’s
appeal. The Court further ordered Vitex to post additional security with the Clerk of Court in the
amount of $6,923.11 to cover district court costs and post-judgment interest within fourteen (14)
days of the issuance of the order. The order stated that if Vitex failed to post the additional security
within fourteen days of the issuance of the order, the stay would lift and the Plaintiff would be able
to proceed with executing the judgment.
Vitex has failed to deposit money in accordance with the Court’s January 9, 2020 order.
Therefore, the stay of execution on the judgment is hereby lifted and Plaintiff may proceed with
executing on the judgment.
Signed: January 28, 2020