NDN Collective, Sunny Red Bear, Nick Cottier, Bre Jackson, Mary Bowman and George Bettelyoun v. Retsel Corporation, d/b/a Grand Gateway Hotel and d/b/a Cheers Sports Lounge and Casino; Retsel Corporation, d/b/a Grand Gateway Hotel and d/b/a Cheers Sports Lounge and Casino and Nicholas Uhre v. NDN Collective

Summary

The United States District Court for the District of South Dakota conditionally granted in part and denied in part Retsel Corporation’s motion to waive a supersedeas bond and stay execution of a $64,003 judgment. The court stayed enforcement pending resolution of post-trial motions, conditioned on Retsel retaining any foreclosure-sale excess proceeds equal to the judgment in escrow for 30 days. If Retsel would not agree to that condition, it was required to post a $64,003 supersedeas bond within 14 days.

Holdings

1. Execution of the judgment was stayed pending resolution of the post-trial motions, provided that Retsel retained in escrow any excess proceeds from the sheriff's foreclosure sale in the amount of the judgment for thirty days after the sale.
2. The motion to waive the supersedeas bond was conditionally granted in part because Retsel lacked the present ability to post a bond, but the waiver was conditioned on retaining qualifying foreclosure-sale proceeds in escrow. If Retsel refused that condition, it was required to post a $64,003 supersedeas bond within fourteen days or face collection efforts.
3. The court declined to require a bond based on the possibility that Retsel's shareholders had sufficient personal assets, because doing so would disregard Retsel's corporate structure.

Questions Presented

1. Whether execution of the existing judgment should be stayed pending resolution of Retsel's post-trial motions and, if appropriate, entry of an amended judgment.
2. Whether Retsel should be permitted to obtain the stay without posting a full supersedeas bond.
3. What conditions were necessary to protect plaintiffs' ability to recover the judgment while preserving Retsel's opportunity to pursue post-trial relief and an appeal.

Disposition

other