United States District Court, D. Nevada
C. Carter, SIERRA CREST BUSINESS LAW GROUP, Counsel for
Defendants and Counterclaimant.
HALL Counsel for Plaintiffs and Counterdefendant.
STIPULATION AND ORDER FOR APPROVAL OF SUPERSEDEAS
BOND AND FOR STAY OF EXECUTION
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
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;
under the Judgment, Defendants are liable for $600, 215.10
including costs and attorneys' fees;
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);
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;
a true and correct copy of Defendant's Undertaking for
Appeal is attached hereto as EXHIBIT 1; and
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;
THEREFORE, Plaintiff and Defendants hereby stipulate as
1. The Undertaking for Appeal attached hereto as EXHIBIT 1 is
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 ...