Osborne v. Rocket Mortgage, LLC and AMROCK, LLC

Summary

The United States District Court for the Southern District of Mississippi denied Jackie Osborne’s emergency motion for a writ of supersedeas and stay of judgment pending appeal. The court held that the judgment dismissing Osborne’s claims with prejudice was not a money judgment subject to an automatic stay and that she failed to satisfy the factors for a discretionary stay of a nonmonetary judgment. The court concluded that Osborne had not shown a substantial likelihood of success on the merits or a substantial threat of irreparable harm.

Holdings

1. Rule 62(b) did not provide a basis for the requested stay because the judgment was not a money judgment; the district court denied Osborne's claims and dismissed the action rather than ordering payment of money.
2. A discretionary stay of the nonmonetary judgment was not warranted because Osborne failed to make a strong showing of likely success on the merits and failed to establish irreparable harm, while the balance of equities and public interest were neutral.
3. Osborne was not entitled to a writ of supersedeas or stay of judgment pending appeal.

Questions Presented

1. Whether Osborne was entitled to a stay pending appeal under Federal Rule of Civil Procedure 62(c) and the applicable four-factor discretionary-stay standard.
2. Whether Rule 62(b)'s bond-based stay provision applied to the judgment.
3. Whether Osborne established a substantial likelihood of success on the merits, irreparable harm, favorable equities, and a public interest supporting a stay.

Disposition

writ_denied