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LORD ABBETT MUNICIPAL INCOME FUND, INC. v. ASAMI, C12-03694 DMR (2014)

Court: District Court, N.D. California Number: infdco20141205807 Visitors: 7
Filed: Dec. 04, 2014
Latest Update: Dec. 04, 2014
Summary: STIPULATION AND ORDER REGARDING SUPERSEDEAS BOND DONNA M. RYU, Magistrate Judge. 1. On September 22, 2014, the Court taxed costs in the amount of $78,862.53 in favor of Defendants Joann Asami, R. Thomas Beach, Jane Breyer, Jennifer Lowe Campbell, Oren Cheyette, Rosalind Hamar, Lynn De Jonghe, Tim Moppin, Gina Moreland, Jennifer Curry Villeneuve, and Valerie McCann Woodson ("Board Member Defendants") and against Lord Abbett Municipal Income Fund, Inc. ("Lord Abbett"), which is incorporated into
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STIPULATION AND ORDER REGARDING SUPERSEDEAS BOND

DONNA M. RYU, Magistrate Judge.

1. On September 22, 2014, the Court taxed costs in the amount of $78,862.53 in favor of Defendants Joann Asami, R. Thomas Beach, Jane Breyer, Jennifer Lowe Campbell, Oren Cheyette, Rosalind Hamar, Lynn De Jonghe, Tim Moppin, Gina Moreland, Jennifer Curry Villeneuve, and Valerie McCann Woodson ("Board Member Defendants") and against Lord Abbett Municipal Income Fund, Inc. ("Lord Abbett"), which is incorporated into the Court's final judgment, Docket No. [293].

2. Federal Rule of Civil Procedure 62(d) provides that "[i]f 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 appeal or after obtaining the order allowing the appeal. The stay takes effect when the court approves the bond."

3. Lord Abbett has appealed the final judgment in this matter and the individual Lord Abbett funds have obtained supersedeas bonds (which correspond to each of the Lord Abbett Funds' pro rata holding of the Windrush Bonds) from Vigilant Insurance Company pursuant to Rule 62(d) in order to stay enforcement of the judgment. Those supersedeas bonds are attached hereto as Ex. 1.

4. The parties hereby stipulate that these bonds in the total amount of $99,000 are sufficient to cover the amount of taxed costs, interest and appeal costs.

5. Upon the Court's approval of the bond by entry of this Stipulation as an order, enforcement of the judgment taxing costs is stayed until final resolution of the appeal.

SO ORDERED.

Source:  Leagle

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