Curtis Oswalt v. Resolute Industries Inc

MEMORANDUM

This is an appeal from the district court’s order granting a prevailing party’s motion to enforce a supersedeas bond upon the Ninth Circuit’s affirmation of a trial verdict. In the original bench trial, the district court found Resolute Industries, Inc. liable for nearly $250,000 in damages to Curtis Oswalt’s boat caused by the negligence of a Resolute employee. The Ninth Circuit affirmed. Oswalt moved to enforce judgment against Resolute based on the supersedeas bond Resolute had obtained prior to appeal. Resolute opposed Oswalt’s motion on the ground that the liability of manufacturer Webasto Products NA, Inc. had not yet been determined, and thus another party could still be found 100 percent liable; it also objected that the case was not final under Rule 54(b). The court rejected Resolute’s arguments and granted Oswalt’s motion. Resolute appealed. We review a district court’s decision to execute a bond de novo. Contractors Equip. Maint. Co., Inc. ex rel. United States v. Bechtel Hanford, Inc., 514 F.3d 899, 903 (9th Cir.2008). We have jurisdiction under 28 U.S.C. § 1291 and now affirm.

Resolute summarizes the issue before us in its reply brief: “can a party be…