Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 192-5

Filed 09/07/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 03-cv-02504-REB-CBS PETER HORNICK, an individual, Plaintiff/Counterclaim Defendant, v. GARY BOYCE and JOANNE BOYCE, individuals, Defendants/Counterclaimants. [PROPOSED] ORDER GRANTING DEFENDANTS/COUNTERCLAIMANTS' FORTHWITH RENEWED MOTION FOR STAY OF EXECUTION PENDING APPEAL PURSUANT TO FED. R. CIV. P. 62(d) AND FOR APPROVAL OF SUPERSEDEAS BOND

THIS MATTER having come before the Court upon the August 14, 2007, Defendants/Counterclaimants' Forthwith Renewed Motion for Stay of Execution Pending Appeal Pursuant to Fed. R. Civ. P. 62(d) And For Approval of Supersedeas Bond [No. 186], filed by Defendants/Counterclaim Plaintiffs Gary Boyce and Joanne Boyce, Plaintiff Hornick's Response To Forthwith Renewed Motion For Stay Of Execution Pending Appeal Pursuant To Fed.R.Civ.P. 62(d) and For Approval Of Supersedeas Bond [187], and the Court being fully advised in the premises FINDS, that the supersedeas bond proposed by the Boyces as security for a stay of execution of the Judgment pending appeal, and attached to their Reply as Exhibit E, is sufficient and, further

Case 1:03-cv-02504-REB-CBS

Document 192-5

Filed 09/07/2007

Page 2 of 3

FINDS, that the Boyces should have fifteen business days to post said supersedeas bond and, further FINDS, that pending the submission to the Court of said supersedeas bond, execution of the Judgment should be stayed and, further FINDS, that pending the submission to the Court of said supersedeas bond, that Plaintiff should, within five business days from the date of this Order, file with the Court, a Release of Lien of his Judgment liens in the form attached to the Motion as Exhibit B, which release shall be held by the Court until the Boyces post the supersedeas bond with the Court at which time the release shall be released to the Boyces for filing with the Clerk and Recorder of Saguache County, Colorado, and therefore. ORDERS, that the terms and conditions of the supersedeas bond as proposed by the Boyces as security for a stay execution of the Judgment pending appeal is sufficient for posting as a supersedeas bond and accordingly, is hereby approved and, further ORDERS, that execution of the Judgment is hereby stayed for a period of fifteen business days from the date of this Order, to allow the Boyces to submit the supersedeas bond to this Court for posting as a supersedeas bond and, further ORDERS, that Plaintiff shall, within five business days from the date of this Order, deposit with the Clerk of the Court, a Release of Lien of his Judgment liens in the form attached to the Motion as Exhibit B, which release shall be held by the Court until the Boyces post the supersedeas bond with the Court at which time the release shall be

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Case 1:03-cv-02504-REB-CBS

Document 192-5

Filed 09/07/2007

Page 3 of 3

released to the Boyces for filing with the Clerk and Recorder of Saguache County, Colorado and, further ORDERS, that if the Boyces do not post said supersedeas bond within the timeframe set forth above, the Release of Lien shall be returned to the Plaintiff and the temporary stay of execution referred to above shall immediately terminate and, further ORDERS, that upon the Boyces posting of said supersedeas bond within the timeframe set forth above the Plaintiff shall be stayed from executing on the Judgment pending the outcome of the appeals in this matter. Dated: . BY THE COURT:

United States District Court Judge

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