Case: 6:12-cv-00091-GFVT-HAI Doc #: 469 Filed: 05/14/20 Page: 1 of 3 - Page ID#:
12032

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION AT LONDON

NEW LONDON TOBACCO MARKET,
INC. and FIVEMILE ENERGY, LLC

Civil Action No. 6:12-cv-91-GFVT-HAI
Judge Gregory F. Van Tatenhove

Plaintiffs,
DEFENDANTS’ MOTION TO PAY
FUNDS INTO COURT AS A
SUPERSEDEAS BOND

V.
KENTUCKY FUEL CORPORATION and
JAMES C. JUSTICE COMPANIES, INC.,
Defendants.

Defendants, Kentucky Fuel Corporation and James C. Justice Companies, Inc., by
counsel and pursuant to Rule 62 of the Federal Rules of Civil Procedure, respectfully move the
Court for entry of an Order directing Defendants to pay funds into Court equal to the amount of
the sanctions recently imposed against their counsel as a supersedeas bond against execution on
that portion of the Judgment [Doc. 467] recently entered against Defendant. As grounds for this
Motion, Movants respectfully state as follow:
On April 24, 2020, the Court entered its Memorandum Opinion and Order (the “Order”)
[Doc. 466]. Among other rulings, the Order included the following: “Plaintiffs are awarded
monetary sanctions against the Getty Law Group and Mr. Richard Getty in the amount of
$10,000.00; Defendants SHALL PAY Plaintiffs the $10,000.00 owed as sanctions within thirty
(30) days of the entry of this Order.” Order, p. 13 [Doc. 466; Page ID #: 12027] (emphasis in
original).
Defendants will file a Notice of Appeal of this and several others aspects of the Order.
The undersigned and his firm intend to fully pay the sanctions if that portion of the Order is

 Case: 6:12-cv-00091-GFVT-HAI Doc #: 469 Filed: 05/14/20 Page: 2 of 3 - Page ID#:
12033

ultimately upheld by the Sixth Circuit.1 However, while that appeal is pending, Defendants
respectfully submit that the amount of those sanctions should be paid into Court as a supersedeas
bond.
The Federal Rules of Civil Procedure provide for the posting of a bond or other security
to stay execution on a judgment:
(a) Automatic Stay. Except as provided in Rule 62(c) and (d), execution on a
judgment and proceedings to enforce it are stayed for 30 days after its entry,
unless the court orders otherwise.
(b) Stay by Bond or Other Security. At any time after judgment is entered, a
party may obtain a stay by providing a bond or other security. The stay takes
effect when the court approves the bond or other security and remains in effect for
the time specified in the bond or other security.
Fed. R. Civ. P. 62 (a) and (b).
An Order for payment of $10,000.00 into Court as a supersedeas bond will protect
Plaintiffs in the event the sanctions award is upheld, and will protect Defendants’ counsel in the
event it is not. Defendants therefore respectfully request that the Court enter an Order that
$10,000.00, or such other amount as the Court deems appropriate, be paid into Court as a
supersedeas bond, staying enforcement of the sanctions provision of the Order and the resulting
Judgment pending the outcome of any and all appeals.
Respectfully submitted,
/s/ Richard A. Getty
RICHARD A. GETTY
DANIELLE HARLAN
and
MARCEL RADOMILE
THE GETTY LAW GROUP, PLLC
The Offices at City Center
1

The Order requires Defendants to pay the sanctions imposed upon them by their counsel, but the
undersigned sees no reason for Defendants to be saddled with a penalty assessed against their counsel.

2

 Case: 6:12-cv-00091-GFVT-HAI Doc #: 469 Filed: 05/14/20 Page: 3 of 3 - Page ID#:
12034

100 West Main Street, Suite 200
Lexington, Kentucky 40507
Telephone: (859) 259-1900
Facsimile: (859) 259-1909
E-Mail: rgetty@gettylawgroup.com
E-Mail: dharlan@gettylawgroup.com
E-Mail: mradomile@gettylawgroup.com
And
KENT WICKER
DRESSMAN BENZINGER LAVELLE PSC
321 West Main Street
Suite 2100
Louisville, Kentucky 40202
Telephone: (502) 572-2500
Facsimile: (502) 572-2503
E-Mail: kwicker@dbllaw.com
COUNSEL FOR DEFENDANTS,
KENTUCKY FUEL CORPORATION AND
JAMES C. JUSTICE COMPANIES, INC.
CERTIFICATE OF SERVICE
A copy of the foregoing Defendants’ Motion To Pay Funds Into Court As A Supersedeas
Bond was served on the 14th day of May 2020, electronically in accordance with the method
established under this Court’s CM/ECF Administrative Procedures and Standing Order upon all
parties in the electronic filing system in this case.

/s/ Richard A. Getty
COUNSEL FOR DEFENDANTS
dhbpld2810

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