Free Motion to Stay - District Court of Colorado - Colorado

Case 1:02-cv-02220-PSF-PAC

Document 112

Filed 06/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 02-cv-2220-PSF-PAC RAY LEVELLE, Plaintiff, v. PENSKE LOGISTICS, a subsidiary of PENSKE TRUCK LEASING, Defendant. MOTION FOR STAY AND FILING OF SUPERSEDEAS BOND

Defendant Penske Logistics, by and through its attorneys, Littler Mendelson, P.C., by Franklin A. Nachman, moves this Honorable Court, pursuant to Rule 62(d) of the Federal Rules of Civil Procedure, for an Order staying the judgments in this case and setting a supersedeas bond in the amount of Two Hundred Twenty-Five Thousand Dollars ($225,000.00). In support of this Motion, Defendant states as follows: 1. On January 24, 2005, the jury in this case returned a verdict for actual and

punitive damages in the total amount of $88,500.00 in Plaintiff's favor. The District Court entered judgment on the verdict on its docket on January 26, 2005. 2. Subsequent to the judgment, Defendant filed a post-trial motion under Rule 59 of

the Federal Rules of Civil Procedure. Plaintiff filed a Bill of Costs and a Motion for Attorneys' Fees. On April 14, 2005, the District Court held a hearing on the parties' post-trial motions, including Plaintiff's Motion for Attorneys' Fees and Costs. The Court entered Orders denying

Case 1:02-cv-02220-PSF-PAC

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Defendant's post-trial motion and granting Plaintiff $111,959.50 in attorneys' fees and $2,553.74 in costs. The Orders denying post-trial motions and the judgment for attorneys' fees and costs were entered on the Court's docket on April 20, 2005. 3. On April 14, 2005, Defendant filed a Motion to Stay the Judgment with this court

pursuant to Rule 62 of the Federal Rules of Civil Procedure. Defendant asked that the judgment be stayed and that it be relieved from the duty of filing a supersedeas bond in the event of an appeal. The Court denied the motion on April 18, 2005, and its Order was entered on the docket on April 20, 2005. 4. Defendant filed a Notice of Appeal on May 3, 2005. It renewed its Motion for

Stay in the United States Court of Appeals for the Tenth Circuit on May 6, 2005. A copy of that motion is attached as Exhibit 1. 5. On May 25, 2005, the Court of Appeals denied Defendant's motion. It stated that

it would be entitled to a stay if it filed a supersedeas bond in accordance with Rule 62(d) of the Federal Rules of Civil Procedure. A copy of that Order is attached as Exhibit 2. Defendant now brings this Motion in this Court. 6. On or before May 31, 2005, and at various times thereafter, undersigned counsel

wrote Plaintiff's counsel and left messages asking whether she would agree to Defendant's posting a supersedeas bond of Two Hundred Twenty-Five Thousand Dollars ($225,000.00). That amount is approximately equal to the amount of the judgment, plus eighteen months of post-judgment interest. Finally, on June 20, 2005, Plaintiff's counsel stated she would not agree to the request, and did not state a reason for the disagreement, despite requests from undersigned counsel.

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7.

As previously stated, Penske is a publicly-held Company with sufficient assets to

satisfy any judgment in this case. Nevertheless, the supersedeas bond in the amount of $225,000 is more than sufficient to cover the judgment in this case. Defendant's Risk Management Department has been alerted of the need for a supersedeas bond, and can execute one on short notice once the Court sets the conditions for the bond. WHEREFORE, Defendant Penske Logistics moves this Honorable Court for entry of an Order staying the judgments entered in this case and granting it leave to file a supersedeas bond for the pendency of the appeal of this case in the amount of $225,000. Dated this 21st day of June, 2005 Respectfully submitted,

s/Franklin A. Nachman Franklin A. Nachman DC Box 15 LITTLER MENDELSON, P.C. 1200 17th Street, Suite 1300 Denver, CO 80202.5835 Telephone: 303.629.6200 FAX: 303.362.8156 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT PENSKE LOGISTICS, A SUBSIDIARY OF PENSKE TRUCK LEASING

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of June, 2005, a true and correct copy of the foregoing MOTION FOR STAY AND FILING OF SUPERSEDEAS BOND was sent via CM/ECF electronic filing, addressed to the following party. : Patricia S. Bangert Patricia S. Bangert, L.L.C. 3773 Cherry Creek Drive North, Suite 575 Denver, CO 80209 Teresa Zoltanski 709 Clarkson Denver, CO 80218

s/Gale S. Antczak Gale S. Antczak
Firmwide:80133044.1 025981.1020

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