The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
10 ESTATE OF KEVIN BROWN by its ) Case No. 15-cv-1583-DMS-WVG
successor in interest Rebecca Brown, and )
11 Rebecca Brown, an individual, ) ORDER RELEASING CITY OF
) SAN DIEGO’S SUPERSEDEAS
12 Plaintiff, ) BOND AND/OR COLLATERAL
)
13 v. )
)
14 MICHAEL LAMBERT and MAURA )
MEKENAS-PARGA, )
15 )
Defendants. )
16 )
)
17
18 This case comes before the Court on the parties’ Joint Motion to exonerate the
19 bond and release the deposit on file with the District Court.
20 On April 6, 2020, the City of San Diego posted cash collateral in the amount
21 of $62,500 as security for the punitive damages verdict against Defendant Lambert
22 pursuant to Federal Rule of Civil Procedure 62. The parties represent that this case
23 has been resolved after a jury trial and appeal.
24 The purpose of a supersedeas bond is to secure the appellees from a loss
25 resulting from a stay of execution. Pac. Reinsurance Mgmt. Corp. v. Ohio
26 Reinsurance Corp., 935 F.2d 1019, 1027 (9th Cir. 1991). “The posting of a bond
27 protects the prevailing [party] from the risk of a later uncollectible judgment and
859 F.2d 818, 819 (9th Cir. 1988). “Courts release supersedeas bonds when the
bond has served its purpose and no outstanding judgment remains.” Goss In’'l Corp.
v. Tokyo Kikai Seisakusho, Ltd., No. 00-CV-35-LRR, 2006 WL 4757279, at *3
(N.D. Iowa Aug. 9, 2006) (citations omitted). When a bond no longer serves its
5|| purpose of insuring payment of the award, it should be released. Rich v. BAC Home
6|| Loans Servicing LP, No. CV-11-00511-PHX-DLR, 2017 WL 1197005, at *1 (D.
7\| Ariz. Mar. 30, 2017).
8 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the Clerk
9|| release the amount of $62,500.00, plus interest, from the interest-bearing account in
the above-entitled case to:
11
=
13
14 IT IS FURTHER ORDERED that the Clerk is authorized to deduct a fee for
the handling of all funds deposited with the court and held in interest bearing
16|| accounts or instruments. The fee must be equal to that authorized by the Judicial
17|| Conference of the United States and set by the Director of the Administrative Office
of the United States Courts.
19 IT IS SO ORDERED. 2» < |
20 Dated: May 12, 2025 Pon Yn -
1 Hon. Dana M. Sabraw
United States District Judge
22
23
24
25
26
27
28