Free Motion to Stay - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 253

Filed 10/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane

Civil Action No. 01-cv-2056-JLK UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. d/b/a ACCESS AIR, an Idaho corporation, Plaintiffs, vs. PILATUS BUSINESS AIRCRAFT, LTD., a Colorado corporation; PILATUS FLUGZEUGWERKE AKTIENGESELLSCHAFT, a Swiss corporation; PILATUS AIRCRAFT, LTD., a Swiss corporation; PRATT & WHITNEY CANADA, INC., a Canadian corporation; and DOES 1 through 500, Inclusive, Defendants.

DEFENDANT PRATT & WHITNEY CANADA'S UNOPPOSED MOTION FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT PENDING APPEAL WITHOUT SUPERSEDEAS BOND

Defendant Pratt & Whitney Canada Corp. ("PWC"), by its attorneys, respectfully moves the Court pursuant to Fed.R.Civ.P. 62(d) to stay proceedings to enforce judgment pending appeal, and to waive the requirement for a supersedeas bond, and as grounds therefor states as follows: 1. PWC's attorneys have conferred with Plaintiffs' attorneys before filing this

motion in accordance with D.C.COLO.LCivR 7.1A and were advised that Plaintiffs do not object to a stay of proceedings to enforce judgment pending appeal or waiver of the requirement for a supersedeas bond.

Case 1:01-cv-02056-JLK

Document 253

Filed 10/11/2007

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2.

PWC is filing a Notice of Appeal today, October 11, 2007, in accordance with

Rules 3 and 4 of the Federal Rules of Appellate Procedure. 3. The District Court has inherent discretionary authority in setting supersedeas

bonds upon appeal and may stay proceedings to enforce a judgment pursuant to Fed.R.Civ.P. 62(d) without requiring a supersedeas bond. Miami International Realty Co. v. Paynter, 807 F.2d 871, 873 (10th Cir. 1986); Hamlin v. Charter Township of Flint, 181 F.D.R. 348, 353 (E.D.Mich. 1998). 4. The judgment entered against PWC, including post-judgment interest pending

appeal, is fully covered by PWC's liability insurance policy. WHEREFORE, Defendant Pratt & Whitney Canada Corp. respectfully requests that the Court enter an order staying any proceedings to enforce the judgment entered against PWC in this action pending appeal, without requiring a supersedeas bond, pursuant to Rule 62(d). Respectfully submitted this 11th day of October 2007.

s/ Thomas J. Byrne Thomas J. Byrne William White BYRNE, KIELY & WHITE, L.L.P. 1120 Lincoln Street, Suite 1300 Denver, Colorado 80203 Telephone: (303) 861-5511 E-mail: [email protected] [email protected]

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Case 1:01-cv-02056-JLK

Document 253

Filed 10/11/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 11th day of October 2007 I caused the foregoing DEFENDANT PRATT & WHITNEY CANADA'S UNOPPOSED MOTION FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT PENDING APPEAL WITHOUT SUPERSEDEAS BOND to be served by electronically filing the foregoing with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email addresses: Jon A. Kodani, Esq. Jeffrey J. Williams, Esq. LAW OFFICES OF JON A. KODANI [email protected] Robert B. Schultz, Esq. LAW OFFICES OF ROBERT B. SCHULTZ [email protected]

s/ Kevin R. Kennedy

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