Figure Eight Holdings, Llc v. Dr. Jays, Inc.

MEMORANDUM

Plaintiff-Appellant Figure Eight Holdings, LLC (“Figure Eight”) appeals the district court’s order requiring it to post an appeal bond in the amount of $50,000 pursuant to Rule 7 of the Federal Rules of Appellate Procedure. This appeal stems from a copyright infringement case in which the district court granted summary judgment for Fashion Studio, LLC, Wicked Fashions, Inc., and Dr. Jays, Inc. (“Defendants”). Figure Eight’s appeal from summary judgment has been held in abeyance pending the disposition of the instant appeal challenging the bond. See No. 11-56821.

Generally, we review for abuse of discretion any challenge to the amount of a bond. Azizian v. Federated Dep’t Stores, Inc., 499 F.3d 950, 955 (9th Cir.2007). However, a district court’s legal analysis and statutory interpretation with respect to the decision to impose a bond are reviewed de novo. Id.

The parties agree that the following factors are appropriate for determining whether to impose the bond: (1) Figure Eight’s financial ability to post a bond; (2) the risk that Figure Eight would not pay the costs if it loses the appeal; and (3) an assessment of the likelihood that Figure Eight will lose on…