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Alonso v. Westcoast Corporation, : 13-00563-BAJ-RLB. (2017)

Court: District Court, M.D. Louisiana Number: infdco20171213912 Visitors: 15
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: ORDER BRIAN A. JACKSON , Chief District Judge . Defendant Westcoast Corporation filed a Motion for Stay of Judgment and Approval of Supersedas Bond (Doc. 132) and a Motion for Leave to File Supersedeas Bond for $601,867.92 (Doc. 133). Plaintiffs did not file an opposition. On October 13, 2017, the Court entered an Amended Final Judgment in the amount of $501,556.60 against the Defendant. (Doc. 130). On November 3, 2017, the Defendant filed a notice of appeal. (Doc. 131). Federal Rule
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ORDER

Defendant Westcoast Corporation filed a Motion for Stay of Judgment and Approval of Supersedas Bond (Doc. 132) and a Motion for Leave to File Supersedeas Bond for $601,867.92 (Doc. 133). Plaintiffs did not file an opposition. On October 13, 2017, the Court entered an Amended Final Judgment in the amount of $501,556.60 against the Defendant. (Doc. 130). On November 3, 2017, the Defendant filed a notice of appeal. (Doc. 131).

Federal Rule of Civil Procedure 62(d) permits a party seeking to stay the execution of a judgment pending appeal to post a supersedeas bond to secure the payment of the judgment to the judgment creditor. Local Rule 64(b) further specifies that "[a] supersedeas bond staying execution of a money judgment shall be in the amount of the judgment plus 20% of the amount to cover interest, costs, and any award of damages for delay, unless the Court directs otherwise." A supersedeas bond protects the prevailing plaintiff from the risk of a later uncollectible judgment and compensates a party for delay in the entry of final judgment. Hebert v. Exxon Corp., 953 F.2d 936, 938 (5th Cir. 1992). A party is entitled to "an automatic stay upon posting a supersedeas bond." Hebert v. Exxon Corp., 953 F.2d 936, 938 (5th Cir. 1992).

Here, the Defendant has filed a supersedeas bond in the amount of $601,867.92, which is the total amount of the Amended Judgment the Court entered against it plus 20%, as required by the Local Rules. Therefore, the Court stays the Judgment of the Court pending appeal.

Accordingly,

IT IS ORDERED that the Motion for Stay of Judgment and Approval of Supersedas Bond (Doc. 132) is GRANTED.

IT IS FURTHER ORDERED that the Motion for Leave to File Supersedeas Bond for $601,867.92 (Doc. 133) is GRANTED.

IT IS FURTHER ORDERED that the Amended Judgment (Doc. 130) is STAYED pending Defendant's appeal.

Baton Rouge, Louisiana, this 29th day of November, 2017.

Source:  Leagle

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