Ernest James Young, through Surviving Spouse, Michell Young; and Daughter and Heir, Amanda Fries v. Sequoyah Fuels Corp. and Quivira Mining Corp.

Summary

The United States District Court for the Eastern District of Oklahoma denied Plaintiffs’ motion to stay taxation and enforcement of costs and proceedings to enforce judgment pending appeal. The court held that Plaintiffs failed to show a likelihood of success on appeal, irreparable harm, or sufficient grounds to defer or reduce a supersedeas bond. The underlying action concerned alleged pancreatic cancer resulting from exposure to radioactive contaminants from a uranium processing plant.

Holdings

1. Plaintiffs were not entitled to a stay because they failed to make a strong showing that they were likely to succeed on appeal, failed to demonstrate irreparable harm absent a stay, and failed to establish that the remaining stay factors favored relief.
2. The court declined to defer determination of or limit any supersedeas bond because plaintiffs did not objectively demonstrate that posting a full bond would be impossible or impractical or that unusual circumstances justified departing from the general rule.

Questions Presented

1. Whether plaintiffs established grounds for a stay of consideration or enforcement of taxation of costs pending appeal.
2. Whether plaintiffs established grounds to defer determination of a supersedeas bond or limit the bond to an amount proportionate to any future costs award.

Disposition

denied