Tobin Dolan; Lydia Dolan; Tangee Dolan; Dorothy Jones; Brian Rodgers; Barbara Rodgers; Michael Salazar; Reynaldo Herrera; and Kathy Valera v. Federal Emergency Management Agency; Marianna Lands and Charles William Paynter v. Federal Emergency Management Agency; Deanne Criswell, as Administrator of FEMA; and Angela Gladwell

Summary

This Memorandum Opinion and Order addresses FEMA’s motion to stay judgments pending appeal in two related actions arising from the Hermit’s Peak/Calf Canyon Fire. The court concludes that the judgments are not monetary judgments subject to an automatic stay under Federal Rule of Civil Procedure 62(b), because they do not require payment of a specified sum. The court also concludes that the discretionary stay factors weigh against FEMA and denies the motion to stay.

Holdings

1. The final judgment is not a money judgment and therefore is not automatically stayed under Rule 62(b) and (e), because it does not require FEMA to pay any specific dollar amount to any person.
2. A discretionary stay is unwarranted because FEMA failed to make a strong showing of likely success or irreparable injury, a stay would substantially delay relief to the plaintiffs, and the public interest favors timely implementation of the Hermit's Peak Act.

Questions Presented

1. Whether the final judgment was a money judgment automatically stayed pending FEMA's appeal under Federal Rule of Civil Procedure 62(b) and (e).
2. Whether the court should exercise its discretion under Federal Rule of Civil Procedure 62(d) to stay the final judgment pending appeal.

Disposition

other