Free Order on Motion to Stay - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Plaintiffs/Counterdefendants, ) ) ) vs. ) Lumbermens Mutual Casualty Company, ) ) Defendant/Counterclaimant. ) ) ) U-Haul International, Inc., et al.,

No. CV-04-662-PHX-DGC ORDER

On March 19, 2007, judgment was entered in favor of Plaintiffs U-Haul International, Inc. and Republic Western Insurance Company and against Defendant Lumbermens Mutual Casualty Company in the amount of $1,958,535.69. Dkt. #166. Plaintiffs subsequently were awarded $412,576.75 in attorneys' fees and $3,013.75 in taxable costs. Dkt. ##190, 202. Defendant appealed the judgment and award of fees and costs. Dkt. #204. Defendant has filed a motion for an order approving supersedeas bond and staying enforcement of judgment pending appeal. Dkt. #207. Defendant seeks the order pursuant to Rule 62 of the Federal Rules of Civil Procedure. Id. Rule 62(d) provides that when an appeal is taken, the appellant may obtain a stay of proceedings to enforce judgment by posting a supersedeas bond. The rule "is a purely procedural mechanism to preserve the status quo during a stay pending appeal of a district court decision[.]" Bass v. First Pac. Networks, Inc., 219 F.3d 1052, 1055 (9th Cir. 2000).
Case 2:04-cv-00662-DGC Document 211 Filed 07/20/2007 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendant has posted a supersedeas bond in the amount of $2,858,000.00. Dkt. #209. Plaintiffs do not object to the bond amount or otherwise oppose Defendant's motion. The Court will grant the motion and approve the supersedeas bond pursuant to Rule 62(d). IT IS ORDERED: 1. Defendant's motion for an order staying execution or enforcement of the judgment entered in favor of Plaintiffs (Dkt. #207) is granted. 2. 3. The supersedeas bond (Dkt. #209) is approved. Enforcement of the judgment in this case is stayed pending appeal.

DATED this 20th day of July, 2007.

-2-

Case 2:04-cv-00662-DGC

Document 211

Filed 07/20/2007

Page 2 of 2