STIPULATION AND [PROPOSED] ORDER STAYING EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING DISPOSITION OF POST-TRIAL MOTIONS
Plaintiffs Victoria McCarthy and Katherine Schmitt ("Plaintiffs") and Defendant R.J. Reynolds Tobacco Company ("Defendant") hereby stipulate and agree as follows:
WHEREAS Defendant has filed a motion to stay enforcement of the Judgment entered in the above-captioned action on June 14, 2011 ("Judgment"), which is noticed for hearing on August 1, 2011;
WHEREAS Defendant has filed a motion for judgment as a matter of law, or in the alternative, a motion for new trial and/or to alter or amend the judgment, pursuant to Federal Rules of Civil Procedure 50 and 59 ("Defendant's Post-Trial Motions"), which are noticed for hearing on August 29, 2011;
WHEREAS the automatic 14-day stay of enforcement and execution of the Judgment in Federal Rule of Civil Procedure 62(a) has expired; and
WHEREAS Plaintiff has filed a motion for an award of statutory attorneys' fees and costs, which is noticed for hearing on August 1, 2011.
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS: 1. Defendant shall post a bond with this Court in the amount of 125 percent of the Judgment, for a total of $1,000,000.00 (one million dollars and zero cents) on or before July 20, 2011;
2. Said bond shall be subject to payment for any award of statutory attorneys' fees and costs; and
3. Any and all enforcement and execution of the Judgment shall be stayed under Federal Rule of Civil Procedure 62 until final disposition of Defendant's Post-Trial Motions.
Dated: July 18, 2011 /s/ Anne-Marie Waggoner, Esq. ANNE-MARIE WAGGONER LITTLER MENDELSON Attorneys for Defendant R.J. REYNOLDS TOBACCO COMPANY Dated: July 18, 2011 /s/ Aldon L. Bolanos, Esq. ALDON L. BOLANOS Attorneys for Plaintiffs VICTORIA MCCARTHY AND KATHERINE SCHMITT
Pursuant to the foregoing Stipulation, IT IS ORDERED that all enforcement and execution of the Judgment in the above-captioned action, entered on June 14, 2011, shall be STAYED pending final disposition of Defendant R.J. Reynolds Tobacco Company's post-trial motions, which are noticed for hearing on August 29, 2011. The August 1, 2011 hearing on Defendant's Motion to Stay Enforcement of Judgment Pursuant to Rule 62 (docket entry #111) is vacated.