United States of America v. Allahyari et al

Filing 127

MINUTE ORDER granting in Defendant Shaun Allahyari's 122 Motion to Stay Judgment Pending Appeal. The Court ORDERS that the 101 Judgment and 102 Order of Foreclosure and Judicial Sale be stayed upon Defendant Shaun Allahyari's posting of a supersedeas bond or other security in the amount of $500,000. Authorized by Judge Thomas S. Zilly. (SWT) (cc: Komron Allahyari via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,
C17-668 TSZ

v.
KOMRON M. ALLAHYARI and
SHAUN ALLAHYARI,

MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Defendant Shaun Allahyari’s Second Motion to Stay Judgment Pending
Appeal, docket no. 122, is GRANTED in part. The Court ORDERS that the Judgment,
docket no. 101, and Order of Foreclosure and Judicial Sale, docket no. 102, shall be
stayed upon Defendant Shaun Allahyari’s posting of a supersedeas bond or other security
in the amount of $500,000. The Court finds that this amount is sufficient to secure the
United States’ expected recovery of its second position lien in the Subject Property,
payment of appeal costs and damages to the United States, payment of interest on the
United States’ judgment for two years, and payment of local property taxes and special
assessments on the Subject Property for two years. Except as granted by this Minute
Order, Defendant’s motion is DENIED. Defendant has not demonstrated sufficient
reason to depart from the typical requirement of a bond to secure the value of the
judgment and potential costs during the pendency of the appeal. See, e.g., United States
v. O’Callaghan, 805 F. Supp. 2d 1321, 1325-26 (M.D. Fla. 2011); United States v. Yee,
2009 WL 3485483, at *2 (C.D. Cal. Oct. 28, 2009); United States v. Goltz, 2007 WL
295558, at *2 (W.D. Tex. Jan. 25, 2007).

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MINUTE ORDER - 1

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(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 4th day of March, 2019.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2