Plascencia v. St George City et al
Amended MEMORANDUM DECISION and Order Granting Plaintiff's Motion for Return of Undertaking. Signed by Judge Ted Stewart on 12/12/2011. (tls)
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
DECISION AND ORDER
GRANTING PLAINTIFF’S MOTION
FOR RETURN OF UNDERTAKING
CITY OF ST. GEORGE, ST. GEORGE
POLICE DEPARTMENT and JARED
Case No. 2:07-CV-2 TS
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.
At the time Plaintiff posted his bond, the statute was found at Utah Code Ann. § 63g30(d)-601.
judgment.”3 Because Plaintiff has not failed to prosecute or recover, the undertaking bond will
The $300.00 undertaking bond in this matter is to be released to S. Clark Newhall, 57 W
200 S #101, Salt Lake City, Utah 84101.
It is therefore
ORDERED that Plaintiff’s Motion for Return of Undertaking (Docket No. 274) is
DATED December 12, 2011.
BY THE COURT:
United States District Judge
Utah Code Ann. § 63g-7-601(2)(b).
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