DE FERNANDEZ
v.
SEABOARD MARINE LTD

S.D. Fla. | 2022-10-07
No. 20-cv-25176
2021 WL 7540798 District Court, S.D. Florida (2022) Positive Treatment
Also reported at: 2016 WL 10647252
Cited by 4 cases
Opinion of the Court

THIS CAUSE is before the Court upon Defendant’s Motion for Award of Costs, ECF No. (the “Motion”).

Plaintiff filed an Opposition, in which Plaintiff suggests that “the Court may prefer to stay Defendant’s Motion pending the outcome of Plaintiff’s appeal.” ECF No. at 1. Plaintiff has not met its burden to show that a stay is appropriate. The existence of “novel issues on appeal” is an insufficient reason for the Court to stay Defendant’s Motion. ECF No. at 1. Plaintiff must additionally “show a substantial likelihood of success on the merits of its appeal[.]” Levesque v. Gov. Employees Ins. Co., 15-cv-14005, 2021 WL 7540798, at * 1 (S.D. Fla. Aug. 31, 2021) (quotation marks omitted).

Plaintiff has made no such showing. Local Rule 62.1 indicates that, absent extraordinary circumstances not shown to exist here, the proper time for Plaintiff to seek a stay is after the money judgment is rendered. S.D. Fla. L.R. 62.1.; see also TYR Tactical, LLC v. Protective Prods. Enters., LLC, 15-cv-61741, 2016 WL 10647252, at * 1 (S.D. Fla. Nov. 16, 2016) (noting the Court’s “regular practice . . . not to stay matters collateral to a final judgment” (quotation marks omitted)).

Case No. 20-cv-25176-BLOOM/Otazo-Reyes

Pursuant to 28 U.S.C. § 636 and Local Magistrate Judge Rule 1, it is ORDERED that Defendant’s Motion for Award of Costs, ECF No. (the “Motion”), is REFERRED to Magistrate Judge Alicia M. Otazo-Reyes for a Report and Recommendations. DONE AND ORDERED in Chambers at Miami, Florida, on October 7, 2022.

BETHBLOOM

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of Record

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  • De Fernandez v. Seaboard Marine Ltd, 2021 WL 7540798 (S.D. Fla. 2022)
    …that, absent extraordinary circumstances not shown to exist here, the proper time for Plaintiff to seek a stay is after the money judgment is rendered. S.D. Fla. L.R. 62.1.; see also TYR Tactical, LLC v. Protective Prods. Enters., LLC, 15-cv-61741, 2016 WL 10647252, at * 1 (S.D. Fla. Nov. 16, 2016) (noting the Court’s “regular practice . . . not to stay matters collateral to a final judgment” (quotation marks omitted)). Case No. 20-cv-25176-BLOOM/Otazo-Reyes Pursuant to 28 U.S.C. § 636 and Local Magistra…
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  • Naval Logistic, Inc. v. M/V Family Time (S.D. Fla. 2024)
    …posted). Moreover, the Plaintiff's motion for order to show cause (ECF NO. 125) and Motion for Attorney Fees (ECF No. 129) remain open and will remain so after the posting of a supersedeas bond. See Levesque v. GEICO, CASE NO. 15- CIV-14005-MARRA, 2021 WL 7540798, at *1 (S.D. Fla. Aug. 31, 2021) (Marra, J.) (“In this district, the regular practice of the courts is not to stay matters collateral to a final judgment, principally involving fees or costs issues, to avoid piecemeal appeals to the Eleventh Circuit…
  • Guzy v. QBE Specialty Ins. Co. (S.D. Fla. 2022)
    …ndo. Ass'n, Inc. v. QBE Ins. Corp., No. 08-23350-CIV, 2010 WL 3212091, at *1 (S.D. Fla. Aug. 12, 2010), report and recommendation adopted, No. 19- 21289-CIV, 2020 WL 6581641 (S.D. Fla. Nov. 10, 2020)); see also Levesque v. GEICO, No. 15- CIV-14005, 2021 WL 7540798, at *1 (S.D. Fla. Aug. 31, 2021) (“In this district, the regular practice of the courts is not to stay matters collateral to a final judgment, principally involving fees or costs issues, to avoid piecemeal appeals to the Eleventh Circuit.” (citatio…
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