Free Motion to Stay - District Court of Colorado - Colorado

Case 1:03-cv-02582-RPM

Document 50

Filed 08/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02582-RPM-OES NICHOLAS SYTSEMA, a minor, by and through his parents, JACK AND REBECCA SYTSEMA, Plaintiff, v. ACADEMY SCHOOL DISTRICT 20, Defendant. ______________________________________________________________________________ STIPULATED MOTION FOR STAY OF JUDGMENT PENDING APPEALS WITHOUT POSTING SUPERCEDEAS BOND ______________________________________________________________________________ Plaintiffs Nicholas Systema, a minor, by and through his parents, Jack and Rebecca Sytsema and Defendant Academy School District Number 20 ("District") request the Court enter an order, pursuant to Federal Rule of Civil Procedure 62(d), staying enforcement of the judgment entered against the District during the pendency of the appeals filed by both parties regarding that judgment. The parties further request the Court enter these stays without requiring the District to post a supercedeas bond, and the parties hereby stipulate that no bond need be posted to secure the judgment in this matter. In support of this motion, the parties state the following. 1. On June 7, 2006, this Court entered an order granting plaintiffs some of the

monetary relief they requested in this action against the District. The Court's judgment entered that same day. 2. The June 7, 2006 Judgment ordered plaintiffs to submit their claim for attorney's

fees for the partial recovery on or before June 30, 2006. On June 30, 2006, plaintiffs filed their

Case 1:03-cv-02582-RPM

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Motion for Attorneys' Fees. The District filed Defendant's Brief in Opposition to Plaintiffs' Motion for Attorney Fees on July 24, 2006. 3. On or about July 24, 2006, plaintiffs filed with the United States Court of Appeals

for the Tenth Circuit a notice of appeal of the June 7, 2006 judgment and order. A copy of the plaintiffs' Notice of Appeal is attached as Exhibit A. Plaintiffs' paid the district clerk the required fees upon filing its notice of appeal. Plaintiff's Notice of Appeal complies fully with the requirements of Federal Rule of Appellate Procedure 3. 4. On July 31, 2006, this court denied Plaintiffs' Motion for Attorney Fees subject to

renewal after determination of the pending appeal. (Order filed July 31, 2006). 5. On August 3, 2006, the District filed its notice of appeal of the June 7, 2006

judgment and order with the Tenth Circuit. A copy of the District's Notice of Appeal is attached as Exhibit B. The District paid the district clerk the required fees upon filing its notice of appeal. The District's Notice of Appeal complies fully with the requirements of Federal Rule of Appellate Procedure 3. 6. Federal Rule of Civil Procedure 62 provides in pertinent part:

(d) When an appeal is taken, the appellant by giving supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court. Fed. R. Civ. P. 62 (d). 5. A district court may exercise its discretion to issue a stay on the basis of some

lesser bond, or no bond at all, when the judgment creditor's interests would not be unduly endangered. Strong v. Laubach, 443 P.3d 1297, 1299 (10th 2006) See also Miami Int'l Realty

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Co. v. Paynter, 807 F.2d 871, 873 (10th Cir. 1986). Plaintiffs stipulate that the District's resources and processes are such that it is not necessary for the District to post a bond to secure the judgment. 7. The parties respectfully request the Court waive the posting of a bond and stay

enforcement of the judgment pending resolution of the parties' appeals. DATED August 7, 2006 Respectfully submitted, s/ Bruce Anderson Bruce Anderson Robert I. Cohn Susan M. Schaecher STETTNER, MILLER AND COHN, P.C. 1050 17th Street, Suite 700 Denver, CO 80265-2008 (303) 534-0273 (303) 534-5046 fax [email protected] Attorneys for Academy School District 20 s/ Michael C. Cook Michael C. Cook Michael C. Cook, P.C. 509 North Tejon Street Colorado Springs, Colorado 80903 (719)632-1222 (719)632-0974 [email protected] Attorney for Nicholas Sytsema, Jack and Rebecca Sytsema
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