Bailey v. Alpha Technologies Incorporated et al

Filing 128

ORDER granting Plaintiff's 123 Motion and Order for Approval of Supersedeas Bond. Within seven (7) days of this order, Plaintiff shall deposit $10,000 in the Court registry in order to secure and post a supersedeas bond in this matter. Signed by U.S. District Judge John C Coughenour. (TH) (cc: Finance)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 YVETTE BAILEY, 10 Plaintiff, ORDER v. 11 12 CASE NO. C16-0727-JCC ALPHA TECHNOLOGIES INCORPORATED, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 This matter comes before the Court on Plaintiff’s motion for supersedeas bond (Dkt. No. 123). Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the motion for the reasons explained herein. On November 14, 2017, the Court granted Defendants’ motion for judgment as a matter of law on Plaintiff’s claim of wrongful termination in violation of public policy. (Dkt. No. 99.) Defendants subsequently moved for a bill of costs, and the Court issued a judgment in the amount of $7,515.85. (Dkt. Nos. 102, 116.) Plaintiff timely appealed the Court’s order granting judgment as a matter of law. (Dkt. No. 105.) Plaintiff wishes to stay execution of the judgment by posting a supersedeas bond. (Dkt. No. 123 at 2) (citing Fed. R. Civ. P. 62(d)). In her initial motion, Plaintiff asked the Court to approve a supersedeas bond in the amount of the judgment—$7,515.85—but had not obtained a bond. (Dkt. No. 123 at 2.) ORDER C16-0727-JCC PAGE - 1 1 Defendants responded that Plaintiff needed to first obtain a supersedeas bond before the Court 2 could approve it, and that the amount of the bond needed to be greater than the judgment. (Dkt. 3 No. 124 at 1.) In reply, Plaintiff amended her original request and asked the Court to allow her to 4 deposit $10,000 with the Court registry to secure and post a supersedeas bond. (Dkt. No. 126 at 5 2.) Defendants do not object to this request. (Dkt. No. 127 at 1.) 6 The Court therefore GRANTS Plaintiff’s motion (Dkt. No. 123). Within seven (7) days 7 of this order, Plaintiff shall deposit $10,000 in the Court registry in order to secure and post a 8 supersedeas bond in this matter. 9 DATED this 1st day of May 2018. A 10 11 12 John C. Coughenour UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C16-0727-JCC PAGE - 2

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