SHH Holdings, LLC v. Allied World Specialty Insurance Company

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: SHH HOLDINGS, LLC : CASE NO. 1:19-cv-2900 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 60] v. : : ALLIED WORLD INSURANCE : COMPANY, : : Defendant. :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

In this insurance case, Defendant Allied World has filed an appeal and now moves for the Court’s approval of a supersedeas bond in the amount of $2,450,000 and a stay of the execution of judgment pending resolution of the appeal. Pursuant to Fed. R. Civ. Pro. 62(b), a party may obtain a stay as a matter of right by providing a bond or other security.1 “A district court cannot deny the stay itself, but has discretion to fix the amount of the bond or waive the bond requirement.”2 While Defendant offered calculations supporting its $2,450,000 bond amount, those calculations did not consider the lost use of the judgment amount during the appeal pendency. Accordingly, the Court GRANTS Defendant’s motion to set a supersedeas bond but sets the bond amount at $2,600,000.

1 , 345 F.3d 390, 409 (6th Cir. 2003). This Court has jurisdiction over this motion. , 2020 WL 6746856, at *1 (D.N.J. Nov. 17, 2020). 2 , 2021 WL IT IS SO ORDERED.

Dated: August 22, 2022 JAMES S. GWIN UNITED STATES DISTRICT JUDGE