Summary
The court denied Pepsi's motion to approve a supersedeas bond and its request to stay an order requiring interim payments of withdrawal liability under the Multiemployer Pension Plan Amendments Act. It held that the Act's requirement that payments continue notwithstanding an appeal superseded the general stay procedure under Federal Rule of Civil Procedure 62(d). The court also declined to grant a discretionary stay under Rule 62(c), finding insufficient irreparable harm and substantial harm to the pension fund and public interest.
Holdings
- Rule 62(d)'s general supersedeas-bond procedure does not apply to an order requiring interim withdrawal-liability payments because the MPPAA specifically requires payment notwithstanding any request for review or appeal.
- Pepsi was not entitled to a discretionary stay because it failed to establish irreparable injury, while a stay would harm the Fund and conflict with the public interest in maintaining the stability of multiemployer pension plans.
Questions Presented
- Whether Federal Rule of Civil Procedure 62(d) entitled Pepsi to stay the interim withdrawal-liability payment order by posting a supersedeas bond.
- Whether the MPPAA's interim-payment provisions require payments to continue notwithstanding an appeal to the federal courts.
- Whether Pepsi was entitled to a discretionary stay under Federal Rule of Civil Procedure 62(c).
Disposition
other
Cases Cited (18)
- Pantry Pride v. Retail Clerks Tri-State Pension Fund, 747 F.2d 169, 171 (3d Cir. 1984)(followed)
- TIME-DC, Inc. v. Management-Labor Welfare & Pension Funds of Local 1730, 756 F.2d 939, 946 n. 1 (2d Cir. 1985)(rejected)
- Dorns Transportation, Inc. v. IAM National Pension Fund, 578 F. Supp. 1222, 1232 (D.D.C. 1984), aff'd, 753 F.2d 166 (D.C. Cir. 1985)(followed)
- Radzanower v. Touche Ross & Co., 426 U.S. 148 (1976)(followed)
- Donovan v. Fall River Foundry Co., Inc., 696 F.2d 524, 526 (7th Cir. 1982)(distinguished)
- Dewey v. Reynolds Metal Co., 304 F. Supp. 1116, 1118 (W.D. Mich. 1969), rev'd on other grounds, 429 F.2d 324 (6th Cir. 1970)(followed)
- Glick v. Koenig, 766 F.2d 265, 269 (7th Cir. 1985)(followed)
- Adams v. Walker, 488 F.2d 1064, 1065 (7th Cir. 1973)(followed)
- Lawson Products, Inc. v. Avnet, Inc., 782 F.2d 1429, 1433-34 (7th Cir. 1986)(followed)
- American Hospital Supply Corp. v. Hospital Products Ltd., 780 F.2d 589, 593 (7th Cir. 1986)(followed)
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Court Document
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