MATHIS v. COUNTY OF LYON, 2:07-cv-00628-APG-GWF. (2017)
Court: District Court, D. Nevada
Number: infdco20170628866
Visitors: 15
Filed: May 17, 2017
Latest Update: May 17, 2017
Summary: ORDER REGARDING STAY PENDING APPEAL (ECF No. 463) ANDREW P. GORDON , District Judge . Defendant Richard Glover moved for a stay of the plaintiffs' efforts to execute and collect upon their judgment without the need to post a supersedeas bond. ECF No. 405. After reviewing the briefs and supplements, I grant that motion. "If an appeal is taken, the appellant may obtain a stay by supersedeas bond. . . ." Fed. R. Civ. P. 62(d). However, in appropriate circumstances a "district court may permi
Summary: ORDER REGARDING STAY PENDING APPEAL (ECF No. 463) ANDREW P. GORDON , District Judge . Defendant Richard Glover moved for a stay of the plaintiffs' efforts to execute and collect upon their judgment without the need to post a supersedeas bond. ECF No. 405. After reviewing the briefs and supplements, I grant that motion. "If an appeal is taken, the appellant may obtain a stay by supersedeas bond. . . ." Fed. R. Civ. P. 62(d). However, in appropriate circumstances a "district court may permit..
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ORDER REGARDING STAY PENDING APPEAL
(ECF No. 463)
ANDREW P. GORDON, District Judge.
Defendant Richard Glover moved for a stay of the plaintiffs' efforts to execute and collect upon their judgment without the need to post a supersedeas bond. ECF No. 405. After reviewing the briefs and supplements, I grant that motion.
"If an appeal is taken, the appellant may obtain a stay by supersedeas bond. . . ." Fed. R. Civ. P. 62(d). However, in appropriate circumstances a "district court may permit security other than a bond." Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1367 (9th Cir. 1990) (citation omitted). Glover has submitted two declarations of Wayne Carlson confirming that the Nevada Public Agency Insurance Pool (NPAIP) "will cover the entirety of the judgment entered against Glover in this case." ECF No. 473 at 8. See also ECF No. 463-2 (first Carlson Declaration). Those declarations offer sufficient proof that NPAIP will cover the entirety of the judgment amount entered against Glover. Thus, I stay the plaintiffs' execution efforts against Glover without the posting of a supersedeas bond. Execution upon the judgment is secured by payment from the NPAIP.
IT IS THEREFORE ORDERED that defendant Richard Glover's motion for stay pending appeal (ECF No. 405) is GRANTED.
Source: Leagle
