The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR STAY OF ENFORCEMENT OF JUDGMENT PENDING POST TRIAL MOTIONS AND APPEAL (Doc. 212)
Judgment for Plaintiff for monetary damages was entered under Rule 54(b), Federal Rules of Civil Procedure, on September 24, 2009. Defendants' application for stay of enforcement of judgment pending resolution of post trial motions and appeal was filed on October 26, 2009 and was opposed by Plaintiff on October 27, 2009. To some extent, Defendants' application is moot because Plaintiff's post trial motions for prejudgment interest and declaratory relief and Defendants' renewed motion for judgment or for new trial were heard on November 23, 2009. Plaintiff's motion for attorney's fees was filed on October 22, 2009 and is now noticed for hearing on February 22, 2010. Rule 4(a)(4)(A), Federal Rules of Appellate Procedure, provides: If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion:
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment;
(iii) for attorney's fees under Rule 54 if the district court extends the time to appeal under Rule 58;
(iv) to alter or amend the judgment under Rule 59;
(v) for a new trial under Rule 59; or
(vi) for relief under Rule 60 if the motion is filed no later than 10 days after the judgment is entered.
Rule 58(e), Federal Rules of Civil Procedure, provides:
Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion have the same effect under Federal Rules of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.
All of these motions extend the time to file the notice of appeal. Consequently, the only issue to be resolved is whether a stay of enforcement of the Judgment should be granted pending appeal.
Rule 62(d), Federal Rules of Civil Procedure, provides:
If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(1) or (2). The bond may be given upon or after filing the notice of appeal or after obtaining the order allowing the appeal. The stay takes effect when the court approves the bond.
Defendants represent their intent to appeal the Judgment and any post trial rulings. Although they request that the stay of judgment be issued without the requirement of a supersedeas bond, Defendants also state they will post a supersedeas bond if required by the Court and request that the supersedeas bond be limited to the amount of the Judgment, i.e., ...