Lamkin v. Portfolio Recovery Associates, LLC

Opinion

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 ) PAM LAMKIN, Case No. 2:18-cv-03071-WBS-KIN Plaintiff, STIPULATION TO STAY EXECUTION OF JUDGMENT AND APPROVE V. SUPERSEDEAS BOND AND PROPOSED PORTFOLIO RECOVERY ASSOCIATES, LLC, Judge: Hon. William B. Shubb Complaint filed: November 27, 2018 Defendant. STIPULATION TO STAY EXECUTION OF JUDGMENT AND APPROVE SUPERSEDEAS RONT

STIPULATION TO STAY EXECUTION OF JUDGMENT AND APPROVE SUPERSEDEAS BOND 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. 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.’” 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.” 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. 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. 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). STIPULATION TO STAY EXECUTION OF -l- JUDGMENT AND APPROVE SUPERSEDEAS

WE ASK FOR THIS: By: /s/ Christopher R. Miltenberger By: /s/ Jessica R. Lohr Christopher R. Miltenberger Jessica R. Lohr The Law Office of Chris R. Miltenberger, Troutman Sanders LLP PLLC jessica.lohr@ troutman.com TX Bar No. 14171200 11682 El Camino Real, Suite 400 1340 N. White Chapel San Diego, CA 92130 Suite 100 Telephone: (858) 509-6000 Southlake, Texas 76092 Facsimile: (858) 509-6040 T: 817-416-5060 | F: 817-416-5062 Email: chris@crmlawpractice.com Counsel for Portfolio Recovery oo. Associates, LLC Jonathan A. Stieglitz Nelson Hardiman LLP 1100 Glendon Avenue 14th Floor Los Angeles, CA 90024 Telephone: (310) 203-2727 Facsimile: (310) 203-2727 E-Mail: jonathan.a.stieglitz @ gmail.com Counsel for Plaintiff Pam Lamkin

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. Further, it is hereby ORDERED that the supersedeas bond obtained by PRA in the amount of $373,125.00, attached to the stipulation as Exhibit A, is hereby APPROVED. Dated: October 29, 2019 / - ak. Ee VN EF OE WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE STIPULATION TO STAY EXECUTION OF -2- JUDGMENT AND APPROVE SUPERSEDEAS RONT