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EVANS v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

United States District Court, Southern District of New York


May 12, 2003

NEVILLE EVANS, PLAINTIFF, AGAINST THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

By order dated April 29, 2003, the Court granted the motion of certain defendants and awarded attorney's fees against plaintiff in the amount of $40,000. The motion, it might be noted, was unopposed.

A letter dated May 10, 2003 from plaintiff's counsel states, in its entirety, the following:

"This letter is a request for you to stay the enforcement of your April 29, 2003 order so that Mr. Evans can appeal to the United States Court of Appeals for the Second Circuit."
Mr. Evans can appeal to the Court of Appeals from the April 29, 2003 order regardless of whether enforcement of the order is stayed. He is enjoying the automatic stay of enforcement granted by Fed.R.Civ.P. 62(a), although it expires tomorrow. He is entitled to a further stay as of right by giving a supersedeas bond, Fed.R.Civ.P. 62(d), which appears to be within Mr. Evans' ability in light of his years of service in a professional position and continued employment.

The Court is aware that, in appropriate circumstances, it may stay enforcement of a money judgment without security or on security different from a supersedeas bond. E.g., 11 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE: CIVIL 2D § 2905, at 522 (1995). Plaintiff has advanced no reason that it should do so. Moreover, to the extent that plaintiff's prospects on appeal are relevant, the Court sees no reason to believe that there is any merit in either the pending appeal from the judgment of dismissal or the prospective appeal from the April 29, 2003 order.

Application denied.

SO ORDERED.

20030512

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