Free Motion to Stay - District Court of Colorado - Colorado

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

Document 186-4

Filed 08/14/2007

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, and the Court being fully advised in the premises FINDS, that the terms and conditions of the secured letter of credit as proposed by the Boyces as security for a stay execution of the Judgment pending appeal is sufficient and, further FINDS, that the Boyces should have fifteen business days to post said secured letter of credit as a supersedeas bond and, further

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

Document 186-4

Filed 08/14/2007

Page 2 of 3

FINDS, that pending the submission to the Court of said secured letter of credit, execution of the Judgment should be stayed and, further FINDS, that pending the submission to the Court of said secured letter of credit, 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 secured letter of credit 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. ORDERS, that the terms and conditions of the secured letter of credit 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 secured letter of credit 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 secured letter of credit 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, further

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

Document 186-4

Filed 08/14/2007

Page 3 of 3

ORDERS, that if the Boyces do not post said secured letter of credit 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 secured letter of credit within the timeframe set forth above the Plaintiff, shall be stayed from executing on the Judgment pending appeal. Dated: . BY THE COURT:

United States District Court Judge

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