Sherman et al v. Sunsong America et al

District of Nebraska, ned-8:2004-cv-00300

ORDER - The Defendants' supersedeas bond is set in the amount of $32,019.87. The Defendants' Motion for Stay of Judgment Pending Appeal and Approvalof Supersedeas Bond {{381}} is denied. Ordered by Judge Laurie Smith Camp. Copy to Fin Adm.

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8:04-cv-00300-LSC-FG3 Doc # 382 Filed: 06/12/07 Page 1 of 2 - Page ID # 5726 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MARGARET SHERMAN, and) CASE NO. 8:04CV300 RICHARD SHERMAN,)) Plaintiffs,)) ORDER v.)) SUNSONG AMERICA, INC., WINCO) FIREWORKS, INC., WINCO) FIREWORKS INTERNATIONAL, LLC.,) SHANGLI JIN XIN EXPORT) FIREWORKS FACTORY, and) WILLIAM LU,)) Defendants.) The matter before the Court is on the Motion for Stay of Judgment Pending Appeal and Approval of Supersedeas Bond (Filing No. 381), in which the Defendants Winco Fireworks, Inc., and Winco Fireworks International, LLC, seek an order fixing the amount of a supersedeas bond to be filed by the Defendants and staying enforcement of this Court's Memorandum and Order on Attorney Fees (Filing No. 357) entered on March 27, 2007. The Defendants state that they "will post a supersedeas bond as ordered by the Court so that the plaintiffs are not prejudiced by a stay of the Court's Order (Doc. No. 357) pending the Cross-Appeal." (Filing No. 381, p. 2). The Court sets the Defendants' supersedeas bond at $32,019.87. However, pursuant to Rule 62(d) of the Federal Rules of Civil Procedure, a stay of judgment is effective when a court approves the supersedeas bond. Accordingly, the Court will not order a stay of judgment until approval of the supersedeas bond, and such bond will not be approved until it has been posted. 8:04-cv-00300-LSC-FG3 Doc # 382 Filed: 06/12/07 Page 2 of 2 - Page ID # 5727 IT IS ORDERED: 1. The Defendants' supersedeas bond is set in the amount of $32,019.87; and 2. The Defendants' Motion for Stay of Judgment Pending Appeal and Approval of Supersedeas Bond (Filing No. 381) is denied. DATED this 11th day of June, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 2