Primerica Life Insurance Company v. Atkinson et al

Filing 122

ORDER granting 118 Atkinson's Motion to Stay on the condition that Atkinson post a $10,000 supersedeas bond. Signed by Judge Ronald B. Leighton.(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PRIMERICA LIFE INSURANCE CO.,

CASE NO. C11-5299RBL

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Plaintiff,

(Consol. w/ C11-5369RBL)

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v.

ORDER GRANTING MOTION TO
STAY PENDING APPEAL

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CAROLYN ALLRED and SHANNON
ATKINSON,

[DKT. #118]

Defendant.

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THIS MATTER is before the Court on Defendant Atkinson’s Motion to Stay [Dkt. #118]
the Court’s Order for Disbursement of Prudential Life Insurance Proceeds[Dkt. #118] pending
appeal. Atkinson’s Motion is based on Fed. R. Civ. P. 65 and Fed. R. App. P. 8.
Allred points out that the issue of a stay pending appeal is actually governed by Rule 62,
which imposes a much lighter for the party seeking a stay. Unlike an injunction under Rule 65,
staying a judgment or order pending appeal is dependent only on the posting of a supersedeas
bond; the relative hardship and irreparable harm elements are not part of the calculus:
Stay with Bond on Appeal. If an appeal is taken, the appellant may obtain a stay
by supersedeas bond[.] The bond may be given upon or after filing the notice of

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(CONSOL. W/ C11-5369RBL) - 1

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appeal or after obtaining the order allowing the appeal. The stay takes effect when
the court approves the bond.

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Atkinson is entitled to a stay pending appeal, assuming that her appeal is timely
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and that she can post a bond.
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As to the former issue, Allred argues the initial summary judgment order [Dkt.
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#54] establishing Allred’s right to the proceeds of the Prudential life insurance policy was
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a “final order” and that Atkinson’s time to appeal it has expired. The Order did not so
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specify, and the Court did not consider it to be a final Order at that time. Apparently,
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Allred did not, either; she waited an additional 8 months to seek distribution of the
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proceeds. The appeal appears to be timely, although that issue may ultimately be
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resolved by the Ninth Circuit.
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As to the latter issue, Allred seems to suggest a bond in the amount of her fees,
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which she estimates to be at least $10,000. Atkinson offers a bond in the amount of
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interest earned on the insurance proceeds pending appeal, or a maximum of $5,000.
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The Court will STAY the disbursement Order upon Atkinson’s posting a $10,000
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supersedeas bond. The Motion is GRANTED on that condition.
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IT IS SO ORDERED.
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Dated this 24th day of January, 2013.
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A

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Ronald B. Leighton
United States District Judge

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[DKT. #118] - 2