Opinion
Case No. 10-13298
09-20-2012
EDWARD FURA, Plaintiff, v. FEDERAL EXPRESS CORPORATION LONG TERM DISABILITY PLAN, et al., Defendants.
Hon. John Corbett O'Meara
ORDER GRANTING MOTION FOR STAY OF EXECUTION
Defendants seek a stay of execution of the judgment and a waiver of the supersedeas bond requirement. See Fed. R. Civ. P. 62(d). Under Rule 62(d), Defendants are entitled to an automatic stay of execution pending appeal, provided they post a supersedeas bond. The court may waive the bond requirement when "the defendant's ability to pay the judgment is so plain that the cost of the bond would be a waste of money." Arban v. West Pub. Corp., 345 F.3d 390, 409 (6th Cir. 2003). Here, Plaintiff has not filed a response and does not dispute that Defendants clearly have the ability to pay the judgment.
Accordingly, IT IS HEREBY ORDERED that Defendants' motion for stay and waiver of the bond requirement is GRANTED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, September 20, 2012, using the ECF system.
William Barkholz
Case Manager