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First American Title Insurance Co. v. Northwest Title Insurance Agency

United States District Court, D. Utah, Central Division

January 23, 2017

FIRST AMERICAN TITLE INSURANCE COMPANY and FIRST AMERICAN TITLE COMPANY, LLC, Plaintiff,
v.
NORTHWEST TITLE INSURANCE AGENCY, LLC; MICHAEL SMITH; JEFF WILLIAMS; and KRISTI CARRELL, Defendant.

          MEMORANDUM DECISION AND GRANTING IN PART AND DENYING IN PART [494] MOTION FOR STAY OF EXECUTION OF JUDGMENT

          David Nuffer District Judge

         Defendants Northwest Title Insurance Agency, LLC, Michael Smith, Jeff Williams, and Kristi Carrell (collectively, “defendants”) move to stay the execution of judgment while this court considers post-trial motions.[1] Plaintiffs respond in opposition.[2] Defendants reply in support of the motion.[3]

         For the reasons stated below, the Motion is GRANTED IN PART and DENIED IN PART. The plaintiffs will be stayed from executing the judgment on the condition that defendants post a full bond.

         BACKGROUND

         On January 3, 2017, the clerk of the court entered judgment in this case[4] against defendants for the following amounts:

1. Michael Smith in the amount of $1, 625, 000.00 for compensatory damages;
2. Jeff Williams in the amount of $50, 000.00 for compensatory damages;
3. Kristi Carrell in the amount of $50, 000.00 for compensatory damages;
4. Northwest Title Insurance Agency LLC in the amount of $1, 000, 000.00 for compensatory damages; and
5. Northwest Title Insurance Agency LLC in the amount of $500, 000.00 for exemplary damages.

         In this Motion, defendants argue that they are financially incapable of satisfying those judgments, that First American has refused to accept settlement offers, or that First American is actively trying to stymy their efforts to comply with the judgment. They therefore ask for a stay on the execution of the judgment until the Rule 59 motions have been briefed and decided. They further ask that stay be granted without bond.[5]

         DISCUSSION

         Rule 62(b) of the Federal Rules of Civil Procedure states:

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 motion:
...
(3) under Rule 59, for a new trial or to alter or amend judgment

         The Supreme Court has provided four factors for considering ...


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