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Other Statutes: Arbitration | New York Southern
Order on Motion to Expedite
ORDER with respect to 34 Letter Motion to Expedite. Consequently, it is hereby ORDERED that: (1) Respondents must submit their application for approval of a bond or other security pursuant to Rule 62(b) no later than October 15, 2026. Respondents are reminded that "[t]he purpose of the rule is to ensure that the prevailing party will recover in full, if the decision should be affirmed, while protecting the other side against the risk that payment cannot be recouped if the decision should be reversed[.]" In re Nassau Cty. Strip Search Cases, 783 F.3d 414, 417 (2d Cir. 2015) (internal quotation marks and citation omitted; emphasis added). Further, "[c]ourts in this Circuit have held that an appropriate amount for a supersedeas bond is the full amount of the judgment plus a reasonable reserve to cover interest." Meltzer, Lippe, Goldstein & Breitstone, LLP v. Malfetti, 2018 WL 5017745, at *1 (E.D.N.Y. Oct. 16, 2018) (collecting cases). (2) Petitioner must respond to respondents' proposal - as well as their request for an emergency unsecured stay (if still applicable) - no later than October 22, 2026. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/8/2026) (jjc)
Expedite
LETTER MOTION to Expedite Emergency Motion to Stay Enforcement of and Compliance with Arbitration Award Pending Appeal addressed to Magistrate Judge Barbara C. Moses from M. Scott Holcomb dated Oct. 7, 2026. Document filed by Cape Securities, Inc., James Randall Webb. (Attachments: # 1 Supplement Notice of Emergency Motion, # 2 Supplement Memorandum of Law, # 3 Proposed Order Proposed Order).(Holcomb, M. Scott)
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