Jensen v. West Jordan City et al

Filing 427

MEMORANDUM DECISION AND ORDER granting in part Defendant's 408 Motion to Waive Supersedeas Bond and Stay Execution of Judgment Pending Appeal. The Defendant is required to place $700,000 in the Public Treasurers' Investment Fund in return for a stay pending the resolution of the appeal. Signed by Judge Dale A. Kimball on 12/7/2017. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
AARON JENSEN,

MEMORANDUM DECISION AND
ORDER
Plaintiff,

v.

Case No. 2:12-cv-736

WEST JORDAN CITY, a Utah municipal
corporation,

District Judge Dale A. Kimball

Defendant.
This matter is before the court on Defendant West Jordan City’s (WJC) Motion to Stay
the Execution of Judgment pending appeal. (Dkt. No. 408). In its motion, WJC seeks that the
court either: (1) stay the execution of judgment pending appeal without requiring WJC to issue a
supersedeas bond; or (2) stay the execution of judgment pending appeal and require WJC to open
a separate account at the Public Treasurers’ Investment Fund with the sum equal to what would
be necessary for a supersedeas bond. Aaron Jensen, the Plaintiff, only opposes WJC’s request to
stay the execution of judgment without a supersedeas bond.
Rule 62(d) of the Federal Rules of Civil Procedure states “[i]f an appeal is taken, the
appellant may obtain a stay by supersedeas bond.” In support of WJC argument that the court
should waive the supersedeas bond requirement it argues that a bond is unnecessary because
there is no danger of WJC, a municipality, being unable to secure payment of the judgment. WJC
provides no support for its assertion that a municipality is entitled to a stay without a supersedeas
bond. Rule 62(e) mandates that a court must not require a bond when granting a stay on an
appeal by the United States, its officers, or its agencies. Notably, municipalities are not included

in the list of entities that are not required to post a bond. The court therefore denies WJC’s
request for a stay without bond.
The court, however, GRANTS WJC’s alternative request that a stay be issued pending
the execution of judgment on appeal if WJC opens a separate account at the Public Treasurers’
Investment Fund with the sum equal to what would be necessary for a supersedeas bond, which
WJC believes is $700,000 or less. This request is unopposed. WJC is hereby ordered to place
$700,000 in the Public Treasurers’ Investment Fund as security for a stay of execution of
judgment pending the appeal.
CONCLUSION
The Defendant’s Motion to Stay Execution of Judgment Pending Appeal is GRANTED
in part. (Dkt. 408). The Defendant is required to place $700,000 in the Public Treasurers’
Investment Fund in return for a stay pending the resolution of the appeal.
Dated this 7th day of December, 2017.
BY THE COURT:

____________________________________
DALE A. KIMBALL,
United States District Judge