Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Harry Dennis and Jon Koz, On v. Kellogg Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 10, 2011

HARRY DENNIS AND JON KOZ, ON BEHALF OF THEMSELVES AND ALL OTHER OTHERS
SIMILARLY SITUATED, PLAINTIFFS,
v.
KELLOGG COMPANY, A DELAWARE CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER (1) GRANTING PLAINTIFFS' MOTION FOR A RULE 7 APPEAL BOND AND (2) DENYING AS MOOT PLAINTIFFS' REQUEST TO SUMMARILY GRANT THE RULE 7 APPEAL BOND [Doc. Nos. 61 & 62]

Presently before the Court is Plaintiff-Appellees' motion to require Objector-Appellants Omar Rivero and Stephanie Berg to post an appeal bond of $3,000, pursuant to Federal Rule of Appellate Procedure 7. [Doc. No. 61.] The purpose of such a bond is to protect appellees against the risk of nonpayment of costs by an unsuccessful appellant. Fleury v. Richemont N. Am., Inc., No. C-05-4525 EMC, 2008 WL 4680033, at *6 (N.D. Cal. Oct. 21, 2008) (citations omitted). "[T]he question of the need for a bond, as well as its amount, are left in the discretion of the trial court." Id. (citing Fed. R. App. P. 7, 1979 advisory committee notes). Neither Objector filed a timely opposition to the motion, and counsel for Objector Rivero represented to the Court that Rivero does not oppose a Rule 7 bond.

Plaintiffs' motion for a Rule 7 appeal bond is hereby GRANTED. [Doc. No. 61.] Accordingly, Plaintiffs' "Request for Order Summarily Granting Motion for Rule 7 Appeal Bond" is DENIED AS MOOT. [Doc. No. 62.] Pursuant to Federal Rule of Appellate Procedure 7, objectors Omar Rivero and Stephanie Berg must jointly and severally post an appeal bond in the amount of $3,000 to cover Plaintiffs' costs on appeal.

IT IS SO ORDERED.

20110810

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.