STIPULATION AND ORDER FOR STAY OF ENFORCEMENT PENDING APPEAL — NO BOND REQUIRED (Fed. R. Civ. P. 62(d))

STIPULATION

TROY L. NUNLEY, District Judge.

The Parties to this action, by the signatures of their counsel to this document, stipulate as follows:

1. The Parties agree that they will not appeal the order of costs entered by this Court on February 8, 2016, awarding Defendant Anthony Raimondo costs in the amount of $1,498.04.

2. The Parties shall not seek to enforce the order of costs entered by this Court on February 8, 2016, pending the resolution of the Plaintiff's appeal to the United States Court of Appeals for the Ninth Circuit of this Court's order dismissing the First Amended Complaint.

3. Plaintiff José Arnulfo Arias agrees that he will pay the cost award of February 8, 2016, if this Court's dismissal of the First Amended Complaint is affirmed by the Court of Appeals.

4. Defendant Raimondo agrees that if this Court's dismissal of the Complaint is reversed, Plaintiff Arias will have no obligation to pay the costs assessed in the February 8, 2016 order.

5. No bond or undertaking will be required to effect the within stipulation.

ORDER

The Court has reviewed the stipulation of the parties concerning the stay of execution and enforcement, without bond, of the order assessing costs that was entered by this Court on February 8, 2016, pending the resolution of the appeal that has been taken to the United States Court of Appeals for the Ninth Circuit from the Court's dismissal of the First Amended Complaint.

Good cause appearing,

IT IS ORDERED that the stipulation of the parties as set forth in this document is the Order of this Court on the question of a stay of execution or enforcement of the judgment within the meaning of Rule 62 of the Federal Rules of Civil Procedure.

SO ORDERED.