Lamkin v. Portfolio Recovery Associates, LLC

1 TROUTMAN SANDERS LLP Jessica R. Lohr, Bar No. 302348 jessica.lohr @troutman.com 11682 El Camino Real Suite 400 || San Diego, CA 92130-2092 Telephone: 858-509-6000 || Facsimile: 858-509-6040 Attorneys for Defendant Portfolio Recovery Associates, LLC 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA |) PAM LAMKIN, Case No. 2:18-cv-03071-WBS-KIN 12 Plaintiff, STIPULATION TO STAY EXECUTION 13 OF JUDGMENT AND APPROVE V. SUPERSEDEAS BOND AND PROPOSED 14 ORDER PORTFOLIO RECOVERY ASSOCIATES, || LLC, Judge: Hon. William B. Shubb 16 Complaint filed: November 27, 2018 Defendant.

STIPULATION TO STAY EXECUTION OF JUDGMENT AND APPROVE SUPERSEDEAS RONT 1 STIPULATION TO STAY EXECUTION OF JUDGMENT AND APPROVE SUPERSEDEAS BOND 3 Pursuant to Fed. R. Civ. P. 62(b) and Local Rule 143, Plaintiff Pam Lamkin (‘Plaintiff’) || and Defendant Portfolio Recovery Associates, LLC (“PRA”) (collectively, the “Parties”) hereby || stipulate that the execution of the Judgment entered in this case be stayed and that the bond || obtained by PRA should be approved.

7 Rule 62 provides that “[a|t any time after judgment is entered, a party may obtain a stay || by providing a bond or other security.” Fed. R. Civ. P. 62(b). “Under this rule, [PRA] could || receive the stay ‘as a matter of right by posting a supersedeas bond acceptable to the court.’”

10 || Nat’! Grange of the Order of Patrons of Husbandry y. Cal. Guild, No. 2:14-cv-676-WSB-DB, || 2019 U.S. Dist. LEXIS 77185, at *6 (E.D. Cal. May 7, 2019); citing Matter of Combined Metals || Reduction Co., 557 F.2d 179, 193 (9th Cir. 1977). Under Local Rule 151(d), “a supersedeas bond || shall be 125 percent of the amount of the judgment unless the Court otherwise orders.”

14 On September 25, 2019, the Court entered an order granting summary judgment in favor || of Plaintiff in the amount of $298,500. (Dkt. No. 29). On September 30, 2019, the Court ordered || “that judgment is hereby entered in accordance with the Court’s order filed on September 25, || 2019.” (Dkt. No. 31.) On October 1, 2019, PRA filed a Notice of Appeal of the Court’s || judgment. (Dkt. No. 32.) To stay execution of the judgment pending the appeal, PRA has || obtained the attached supersedeas bond from Crum & Forster, underwritten by United States Fire || Insurance Company, in the amount of $373,125.00, which is 125% of the amount of the judgment || entered by the Court. A copy of that bond is attached hereto as Exhibit A.

22 WHEREFORE, the Parties respectfully request that the Court endorse this stipulation and || order that the execution of the Judgment be stayed and the supersedeas bond be approved.

24 The Parties stipulate and agree that this Stipulation to Stay Execution of the Judgment is || without prejudice to Plaintiff's Motion to Amend the Judgment (Dkt. No. 36).

28 STIPULATION TO STAY EXECUTION OF -l- JUDGMENT AND APPROVE SUPERSEDEAS || WE ASK FOR THIS: By: /s/ Christopher R. Miltenberger By: /s/ Jessica R. Lohr 3 Christopher R. Miltenberger Jessica R. Lohr The Law Office of Chris R. Miltenberger, Troutman Sanders LLP 4 PLLC jessica.lohr@ troutman.com 5 TX Bar No. 14171200 11682 El Camino Real, Suite 400 1340 N. White Chapel San Diego, CA 92130 6 Suite 100 Telephone: (858) 509-6000 Southlake, Texas 76092 Facsimile: (858) 509-6040 7 T: 817-416-5060 | F: 817-416-5062 Email: [email protected] Counsel for Portfolio Recovery oo. Associates, LLC 9 Jonathan A. Stieglitz Nelson Hardiman LLP 10 1100 Glendon Avenue 14th Floor Los Angeles, CA 90024 11 Telephone: (310) 203-2727 Facsimile: (310) 203-2727 12 E-Mail: jonathan.a.stieglitz @ gmail.com 14 Counsel for Plaintiff Pam Lamkin 17 ORDER 18 It is hereby ORDERED that execution of the Court’s Judgment entered on September 30, || 2019 (kt. No. 31) is hereby STAYED pending resolution of the appeal of that Judgment.

20 Further, it is hereby ORDERED that the supersedeas bond obtained by PRA in the amount 21 of $373,125.00, attached to the stipulation as Exhibit A, is hereby APPROVED.

23 IT IS SO ORDERED.

24 Dated: October 29, 2019 / - ak.

25 Ee VN EF OE WILLIAM B. SHUBB 26 UNITED STATES DISTRICT JUDGE 28 STIPULATION TO STAY EXECUTION OF -2- JUDGMENT AND APPROVE SUPERSEDEAS RONT