Ribbens International, S.A. v. Transport International Pool, Inc.
Opinion
Opinion
Timlin, J.
ORDER DENYING DEFENDANT TRANSPORT INTERNATIONAL POOL, INC.’S EX PARTE APPLICATION FOR ENFORCEMENT OF SUPERSEDEAS BOND AND STAY OF EXECUTION.
On October 30,1998, a jury in this Court found defendant Transport International Pool, Inc. (TIP) liable for breach of contract to plaintiff Ribbens International, S.A. de C.V. (Ribbens International) and awarded Ribbens International net damages of $351,000. On January 12, 1999, the Court entered judgment against TIP in the amount of $477,888.22, which figure includes prejudgment interest.
Under Rule 62(a) of the Federal Rules of Civil Procedure (Rule 62(a)), execution on the judgment was then automatically stayed for 10 days. On February 22,1999, well after the expiration of the automatic stay period, the Court issued a writ of execution of judgment to Ribbens International.
On Friday, March 5, 1999, the Court denied TIP’s various post-trial motions, including TIP’s motion for a new trial, and TIP’s motion for stay of execution. Also on Friday March 5,1999, Ribbens International served a Notice of Levy under Writ Execution and a Memorandum of Garnishee on third party Burlington Northern and Santa Fe Railway Company (Burlington Northern),…