The opinion of the court was delivered by: The Honorable William B. Shubb
JEFFREY L. ADAMS, Bar No. 148393 ANNE-MARIE WAGGONER, Bar No. 173407 TARUN MEHTA, Bar No. 262886 LITTLER MENDELSON A Professional Corporation Treat Towers 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Telephone: 925.932.2468 email@example.com firstname.lastname@example.org email@example.com Attorneys for Defendant R.J. REYNOLDS TOBACCO COMPANY
STIPULATION AND [PROPOSED] ORDER STAYING EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL
Action Filed: September 4, 2009
Plaintiffs Victoria McCarthy and Katherine Schmitt ("Plaintiffs") and Defendant R.J. Reynolds Tobacco Company ("Defendant") hereby stipulate and agree as follows:
WHEREAS Defendant has appealed the Court's Order pertaining to Defendant's motion for renewed judgment, motion for a new trial and amended judgment and has appealed the Court's order of September 14, 2011, granting Plaintiffs' motion for attorneys fees; and
WHEREAS Defendant has previously posted a bond in the amount of $1,000,000 (One Million Dollars) which is more than 125% of the total amount awarded to Plaintiffs in judgment and as attorneys' fees and costs (including any fees or costs that may be awarded in connection with Plaintiffs' remaining unresolved motion for post-judgment fees);
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS: Any and all enforcement and execution of the Judgment, inclusive of attorneys fees or costs that have been or may be awarded, shall be stayed under Federal Rule of Civil Procedure 62 until final disposition of Defendant's Appeals with the Ninth Circuit Court of Appeals.
IT IS FURTHER STIPULATED that no additional bond need be posted with the District Court in connection with the Appeals and the amount of the bond is sufficient.
Pursuant to the foregoing Stipulation, IT IS ORDERED that the Court approves the bond and that all enforcement and execution of the Judgment, inclusive of attorneys' fees or costs that have been or may be awarded in the above-captioned action, shall be STAYED pending final disposition of Defendant R.J. Reynolds Tobacco Company's Appeals.