Sturgill et al v. Beach at Mason Limited Partnership et al

Filing 25

ORDER signed by Judge William O. Bertelsman on 1/4/16. IT IS ORDERED that defendants motion to stay execution of judgment and for waiver of supersedeas bond be, and is hereby, DENIED. Defendant shall post an appropriate bond inorder to obtain the requested stay. (eh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:14cv0784 (WOB)
JEFF STURGILL, ET AL.
VS.

PLAINTIFFS
ORDER

BEACH AT MASON LIMITED
PARTNERSHIP, ET AL.

DEFENDANTS

This matter is before the Court on defendant’s motion to
stay execution of judgment and for waiver of supersedeas bond
(Doc. 23) and plaintiff’s opposition thereto (Doc. 24).
Defendant’s motion states in a conclusory fashion that
defendant “will be able to quickly make payment to the
Plaintiffs if the decision of this Court is affirmed on appeal”
(Doc. 23 at 3), yet defendant has proffered no evidence of its
financial health or assets.

Rule 62(d) contemplates that a stay

of execution of judgment is premised on the posting of a bond to
secure the prevailing party’s judgment, and defendant has thus
provided no basis on which the Court should depart from that
rule.
Therefore, having reviewed this matter, and the Court being
sufficiently advised,
IT IS ORDERED that defendant’s motion to stay execution of
judgment and for waiver of supersedeas bond (Doc. 23) be, and is

hereby, DENIED.

Defendant shall post an appropriate bond in

order to obtain the requested stay.
This 4th day of January, 2016.

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