Holabird et al v. Kagin et al, No. 3:2014cv00262 - Document 260 (D. Nev. 2019)
Court Description: ORDER granting ECF No. 259 Stipulation for Approval of Supersedeas Bond and for Stay of Execution re ECF No. 250 Judgment. Signed by Judge Howard D. McKibben on 5/31/2019. (Copies have been distributed pursuant to the NEF - LH)
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Holabird et al v. Kagin et al 1 2 3 4 5 Jerry C. Carter (NSB 5905) jerry@sierracrestlaw.com SIERRA CREST BUSINESS LAW GROUP 691 Sierra Rose Drive, Suite B Reno, Nevada 89511 Telephone: (775) 448-6070 Facsimile: Counsel for Defendants and Counterclaimant 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 7 8 Doc. 260 FRED HOLABIRD, an Individual, 9 Plaintiff, 10 vs. 11 DONALD H. KAGIN, an individual, et al., 12 Defendants. __________________________________/ 13 14 17 18 STIPULATION AND ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND FOR STAY OF EXECUTION KAGIN’S INC., a California corporation, Counterclaimant, 15 16 Case No. 3:14-cv-00262-HDM-CBC vs. FRED HOLABIRD, Counter-Defendant. __________________________________/ 19 Plaintiff Fred Holabird (“Plaintiff”) and Defendant/Counterclaimant Kagin’s, Inc. and 20 Defendants Donald Kagin, Adam Kagin, and Holabird-Kagin Americana, Inc. (collectively, 21 “Defendants”), by and through their respective undersigned counsel, pursuant to Federal Rule of 22 Civil Procedure 62(b) and LR 65.1-3, hereby stipulate as follows: 23 24 25 26 27 28 WHEREAS, the United States District Court for the State of Nevada entered its Judgment in a Civil Case (the “Judgment”) on April 17, 2019, in favor of Plaintiff, and against Defendants; WHEREAS, under the Judgment, Defendants are liable for $600,215.10 including costs and attorneys’ fees; WHEREAS, Defendants filed a Notice of Appeal of the Judgment against them with the Ninth Circuit Court of Appeals (Case No. 19-15982) on May 7, 2019 (ECF No. 255); 1 Dockets.Justia.com 1 WHEREAS, the parties to the judgment have previously stipulated to the posting of a bond 2 in the amount of $649,000 staying execution of the Judgment against Defendants during the 3 pendency of the appeal; 4 5 WHEREAS, a true and correct copy of Defendant’s Undertaking for Appeal is attached hereto as EXHIBIT 1; and 6 WHEREAS, the parties agree to stay execution of the Judgment against Defendants 7 pending the exhaustion of all appellate remedies, including any review by the Ninth Circuit Court 8 of Appeals; 9 NOW THEREFORE, Plaintiff and Defendants hereby stipulate as follows: 10 1. The Undertaking for Appeal attached hereto as EXHIBIT 1 is approved. 11 2. Execution of the April 17, 2019 Judgment against Defendants is and shall be stayed 12 pending the exhaustion of all appellate remedies, including any review by the Ninth 13 Circuit Court of Appeals. 14 3. Counsel for Defendants will hold the original Undertaking for Appeal pending the 15 exhaustion of all appellate remedies, including any review by the Ninth Circuit Court of 16 Appeals, after which counsel for Defendants will turn the original Undertaking for 17 Appeal over to counsel for Plaintiff upon written demand if Plaintiff has prevailed on 18 appeal. 19 4. The return of goods or items by Plaintiff to Defendants as set forth in the Report and 20 Recommendation of U.S. Magistrate Judge filed December 18, 2018 (ECF No. 234), in 21 footnote 3 on page 18, is not stayed. 22 23 24 25 26 27 DATED this 31st day of May, 2019. BOWEN HALL Counsel for Plaintiffs and Counterdefendant By: /s/ Dan C. Bowen DAN C. BOWEN 555 South Center Street Reno, NV 89501 28 2 1 DATED this 31st day of May, 2019. LAW OFFICES OF JERRY CARTER, P.C. Counsel for Defendants and Counterclaimant 2 3 4 By: /s/ Jerry C. Carter JERRY C. CARTER 201 West Liberty Street, Suite 200 Reno, Nevada 89501 5 6 7 8 9 10 ORDER Based on the Stipulation of the parties, and good cause appearing therefore, it is hereby ordered as follows: 11 12 1. The Undertaking for Appeal attached hereto as EXHIBIT 1 is approved. 13 2. Execution of the April 17, 2019 Judgment against Defendants is and shall be stayed 14 pending the exhaustion of all appellate remedies, including any review by the Ninth 15 Circuit Court of Appeals. 16 3. Counsel for Defendants will hold the original Undertaking for Appeal pending the 17 exhaustion of all appellate remedies, including any review by the Ninth Circuit Court 18 of Appeals, after which counsel for Defendants will turn the original Undertaking for 19 Appeal over to counsel for Plaintiff upon written demand if Plaintiff has prevailed on 20 appeal. 21 4. The return of goods or items by Plaintiff to Defendants as set forth in the Report and 22 Recommendation of U.S. Magistrate Judge filed December 18, 2018 (ECF No. 234), 23 in footnote 3 on page 18, is not stayed. 24 25 Dated this _____ 2019. 31st day of _________________, May 26 27 UNITED STATES DISTRICT JUDGE 28 3 Holabird vs Kagin 1 Case No. 3:14-cv-00262-HDM-CBC 2 3 4 STIPULATION AND ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND FOR STAY OF EXECUTION 5 Exhibit Index 6 7 8 9 10 Exhibit Number 1 Exhibit Description Number of Pages Undertaking for Appeal 3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
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