Opinion
99 C 5565
January 2, 2002
Defendant asks me to stay the award of roughly $230,000 in attorneys' fees pending appeal. I have the authority to enter an award of attorneys' fees while the merits are on appeal, see Kusay v. U.S., 62 F.3d 192 (1995); Terket v. Lund, 623 F.2d 29 (7th Cir. 1980), but I decline to do so here. The appeal before the Seventh Circuit is fully briefed; the parties await ruling. Ty will not get its money any sooner If I deny the present motion. The only effect would be to force PIL to post a higher bond. And in this case, there is no suggestion that PIL is not good for another $230,000. In the interest of judicial economy, I will stay the award pending appeal.
PIL's motion to stay is granted.