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Holabird v. Kagin

United States District Court, D. Nevada

May 31, 2019

FRED HOLABIRD, an Individual, Plaintiff,
v.
DONALD H. KAGIN, an individual, et al., Defendants. KAGIN'S INC., a California corporation, Counterclaimant,
v.
FRED HOLABIRD, Counter-Defendant.

          Jerry C. Carter, SIERRA CREST BUSINESS LAW GROUP, Counsel for Defendants and Counterclaimant.

          BOWEN HALL Counsel for Plaintiffs and Counterdefendant.

          STIPULATION AND ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND FOR STAY OF EXECUTION

         Plaintiff Fred Holabird (“Plaintiff”) and Defendant/Counterclaimant Kagin's, Inc. and Defendants Donald Kagin, Adam Kagin, and Holabird-Kagin Americana, Inc. (collectively, “Defendants”), by and through their respective undersigned counsel, pursuant to Federal Rule of Civil Procedure 62(b) and LR 65.1-3, hereby stipulate as follows:

         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 (No. 19-15982) on May 7, 2019 (ECF No. 255);

         WHEREAS, the parties to the judgment have previously stipulated to the posting of a bond in the amount of $649, 000 staying execution of the Judgment against Defendants during the pendency of the appeal;

         WHEREAS, a true and correct copy of Defendant's Undertaking for Appeal is attached hereto as EXHIBIT 1; and

         WHEREAS, the parties agree to stay execution of the Judgment against Defendants pending the exhaustion of all appellate remedies, including any review by the Ninth Circuit Court of Appeals;

         NOW THEREFORE, Plaintiff and Defendants hereby stipulate as follows:

1. The Undertaking for Appeal attached hereto as EXHIBIT 1 is approved.
2. Execution of the April 17, 2019 Judgment against Defendants is and shall be stayed pending the exhaustion of all appellate remedies, including any review by the Ninth Circuit Court of Appeals.
3. Counsel for Defendants will hold the original Undertaking for Appeal pending the exhaustion of all appellate remedies, including any review by the Ninth Circuit Court of Appeals, after which counsel for Defendants will turn the original Undertaking for Appeal over to counsel for Plaintiff upon written demand if Plaintiff has prevailed on appeal.
4. The return of goods or items by Plaintiff to Defendants as set forth in the Report and Recommendation of U.S. Magistrate Judge filed December 18, 2018 (ECF No. 234), in ...

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