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Ciulla & Donofrio
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Order | Filed: June 08, 2023 | Entered: June 08, 2023 Riggins v. Berlin
Civil Rights: Jobs | Connecticut
Order
ORDER Vacating 67 Order on Motion for Release of Funds.
Signed by Judge Robert N. Chatigny on 6/8/2023. (Rickevicius, L.) -
Order | Filed: June 08, 2023 | Entered: June 08, 2023 Riggins v. Berlin
Civil Rights: Jobs | Connecticut
Order on Motion to Vacate
ORDER granting 68 Motion to Vacate 67 Order on Motion for Release of Funds. Under L. Civ. R. 83.3(a), the defendant is entitled upon request to "a cash deposit or bond with recognized corporate surety in the sum of $500.00 as security for costs, to be given within thirty days from the entry of such order." The defendant made such a request and it was granted. See ECF Nos. 18, 19. Under L. Civ. R. 54(a)(1), "[a]ny party who seeks costs in the District Court shall, within fourteen (14) days after the District Court judgment becomes final due to the expiration of the appeal period (as defined by Fed. R. App. P. 4) or the issuance of a mandate by a federal appellate Court, file with the Clerk and serve on all other parties a verified bill of costs...." Fed. R. App. P. 4(a)(1)(A) provides in this instance that the notice of appeal must be filed within 30 days. Here, the judgment was entered on May 2, 2023, see ECF No. 65, the motion for release of the $500 security was filed on May 19, 2023, see ECF No. 66, that motion was granted on May 23, 2023, see ECF No. 67, and a notice of appeal was filed on June 1, 2023, see ECF No. 69. The defendant is entitled to seek costs until 14 days after the judgment becomes final and the $500 surety is meant to be security for those potential costs. Because of the appeal filed within 30 days of the entry of judgment, the judgment is not yet final and the defendant is still entitled to seek costs in the future. The order granting the release of the security for costs, ECF No. 67, was therefore premature and I hereby vacate it. Signed by Judge Robert N. Chatigny on 06/08/2023. (Smith, A.)
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Appeal | Filed: June 02, 2023 | Entered: June 02, 2023 Riggins v. Berlin
Civil Rights: Jobs | Connecticut
Clerk's Certificate re: Notice of Appeal
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: 69 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: None (Gaskins, A.)
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