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Stake Center Locating Inc. v. Logix Communications, L.P.

United States District Court, D. Utah, Central Division

December 5, 2016

STAKE CENTER LOCATING, INC., Plaintiff,
v.
LOGIX COMMUNICATION, L.P., Defendant.

          Jill N. Parrish District Judge.

          MEMORANDUM DECISION AND ORDER

          Brooke C. Wells United States Magistrate Judge.

         Pending before the undersigned are Stake Center Locating Inc.'s Motion for Supplemental Proceedings, [1] Logix Communication, L.P.'s Motion to Stay Enforcement of Judgment, [2] and Logix's Motion to Respond to Plaintiff's Reply in support of their Motion for Supplemental Proceedings.[3] All these motions surround a money judgment that was “entered in favor of State Center Locating, Inc. and against Logix Communications, L.P, in the amount of $700, 000.00”[4] As set forth below the court will order Plaintiff to propound interrogatories and Defendant to provide responses so that Plaintiff may complete the Application for Writ of Execution.

         Standard of Review

         Rule 62 Provides in relevant part that “Except as stated in this rule, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 14 days have passed after its entry.”[5] The Rule also provides guidance for when a stay is proper following judgment.

Stay Pending the Disposition of a Motion. On appropriate terms for the opposing party's security, the court may stay the execution of a judgment-or any proceedings to enforce it-pending disposition of any of the following motions:
(1) under Rule 50, for judgment as a matter of law;
(2) under Rule 52(b), to amend the findings or for additional findings;
(3) under Rule 59, for a new trial or to alter or amend a judgment; or
(4) under Rule 60, for relief from a judgment or order.[6]

         Courts consider a set of four factors when determining whether to grant a stay: “'(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.'”[7] A stay must be on “appropriate terms for the opposing party's security.”[8]

         Rule 69 provides for enforcement of a money judgment. It states:

(1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution-and in proceedings supplementary to and in aid of judgment or execution-must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person-including the judgment debtor-as provided in these rules or by ...

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