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Kennedy v. City of Zanesville, Ohio

United States District Court, S.D. Ohio, Eastern Division
Aug 1, 2008
Case No. 2:03-cv-1047 (S.D. Ohio Aug. 1, 2008)

Opinion

Case No. 2:03-cv-1047.

August 1, 2008


ORDER


Defendant City of Zanesville moves this Court to issue an order staying Plaintiffs' execution on judgment, pursuant to Fed.R.Civ.P. 62. Rule 62(b) gives the Court discretion to enter a stay of judgment, pending the disposition of a motion, "on appropriate terms for the opposing party's security." A movant may succeed in demonstrating appropriate terms for the opposing party's security by "showing that there is no doubt about its ultimate capacity to pay the judgment." Ohio Midland v. Proctor, No. 05-1097, 2008 WL 755286, ay *2 (S.D. Ohio 2008). Defendant, however, has provided no evidence of its ultimate capacity to pay the judgment. Accordingly, the Court finds the Defendant's conclusory statement that it is capable of paying the judgment insufficient. Defendant's motion is hereby DENIED.

IT IS SO ORDERED.


Summaries of

Kennedy v. City of Zanesville, Ohio

United States District Court, S.D. Ohio, Eastern Division
Aug 1, 2008
Case No. 2:03-cv-1047 (S.D. Ohio Aug. 1, 2008)
Case details for

Kennedy v. City of Zanesville, Ohio

Case Details

Full title:JERRY R. KENNEDY, et al., Plaintiffs, v. CITY OF ZANESVILLE, OHIO, et al…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Aug 1, 2008

Citations

Case No. 2:03-cv-1047 (S.D. Ohio Aug. 1, 2008)