Plascencia v. St George City et al
Filing
277
MEMORANDUM DECISION granting 262 Plaintiff's Motion for Return of Undertaking. Signed by Judge Ted Stewart on 12/09/2011. (tls)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
MARK PLASCENCIA,
Plaintiff,
MEMORANDUM DECISION AND
ORDER GRANTING PLAINTIFF’S
MOTION FOR RETURN OF
UNDERTAKING
vs.
CITY OF ST. GEORGE, ST. GEORGE
POLICE DEPARTMENT and JARED
TAYLOR,
Case No. 2:07-CV-2 TS
Defendants.
This matter is before the Court on Plaintiff’s Motion for Return of Undertaking.1 The
Motion is unopposed. At the outset of his case, Plaintiff was required to pay to the Court
$300.00 pursuant to Utah Code Ann. § 63g-7-601.2 That statute requires a party suing the state
to post a bond “conditioned upon the payment by the plaintiff of taxable costs incurred by the
governmental entity in the action if the plaintiff fails to prosecute the action or fails to recover
Docket No. 274.
1
At the time Plaintiff posted his bond, the statute was found at Utah Code Ann. § 63g30(d)-601.
2
1
judgment.”3 Because Plaintiff has not failed to prosecute or recover, the undertaking bond will
be returned. It is therefore
ORDERED that Plaintiff’s Motion for Return of Undertaking (Docket No. 274) is
GRANTED. The $300.00 undertaking bond in this matter is to be released to Mark Plascencia.
DATED December 9, 2011.
BY THE COURT:
_____________________________________
TED STEWART
United States District Judge
3
Utah Code Ann. § 63g-7-601(2)(b).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?