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Case: 3:13-cv-00832-wmc Document #: 445 Filed: 04/30/15 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
AMERITOX, LTD., and
MARSHFIELD CLINIC, INC.,
Plaintiffs/Counterdefendants,
v.
MILLENNIUM HEALTH, LLC,
Defendant/Counterclaimant.
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) Civ. Action No. 3:13-cv-0832-WMC
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UNOPPOSED MOTION FOR STAY OF EXECUTION OF JUDGMENT PENDING
APPEAL AND FOR APPROVAL OF AMOUNT AND FORM OF SUPERSEDEAS
BOND
In accordance with Rule 62(d) of the Federal Rules of Civil Procedure, Defendant
Millennium Health, LLC (“Millennium”) moves the Court for a stay of execution of the money
judgment entered in this case pending resolution of an appeal and requests the Court’s approval
of the form and amount of the attached supersedeas bond.
On April 27, 2015, the Court entered a Judgment against Millennium and in favor of
Ameritox, Ltd. (“Ameritox”) in the amount of $8,652,760. Millennium intends to appeal the
Judgment entered against it to the U.S. Court of Appeals for the Federal Circuit.
As security, Millennium proposes to file a bond in the amount of $8,740,000, which is
sufficient to cover the full amount of the Judgment and several months of post-judgment interest.
Ameritox has approved the size of the bond and consented to the stay of execution of judgment.
A copy of the form of the bond is attached hereto as Exhibit A. The bond is a full-security bond
issued by Atlantic Specialty Insurance Company that fully protects all of Ameritox’s interests in
the April 27, 2015 Judgment for money damages (including additional amounts to cover interest)
pending resolution of an appeal.
Case: 3:13-cv-00832-wmc Document #: 445 Filed: 04/30/15 Page 2 of 4
In the event that the Court amends the Judgment in this case to render the proposed bond
insufficient or taxes costs in favor of Ameritox, Millennium will promptly seek to obtain
appropriate additional security to secure the amended judgment or costs, including any necessary
changes to the amount and duration of the bond, as the Court may require.
Based upon the posting of the proposed bond, Ameritox’s approval of the size of the
bond and consent to a stay of execution of judgment, and pending resolution of an anticipated
appeal to the Federal Circuit, Millennium respectfully requests the Court’s approval of the form
and amount of the attached supersedeas bond and requests that the Court issue an order staying
execution on the Judgment, any attempt to execute on the Judgment, and any proceedings to
enforce the Judgment’s award of money damages.
ARGUMENT
Under Rule 62(d), Millennium is automatically entitled to a stay of execution of
judgment pending appeal upon posting a bond that secures the opposing party’s rights. WNS
Holdings, LLC v. United Parcel Serv., Inc., No. 08-CV-275-BBC, 2009 WL 4667581, at *1
(W.D. Wis. Dec. 3, 2009) (quoting Dillon v. City of Chicago, 866 F.2d 902, 904 (7th Cir. 1988))
(“Rule 62(d) of the Federal Rules of Civil Procedure allows an appellant to obtain an automatic
stay of execution of judgment pending appeal by posting a bond.”). The stay is a matter of right.
United States v. Wylie, 730 F.3d 1401, 1402 n.2 (11th Cir. 1984).
The purpose of a supersedeas bond is to secure the interests of both sides: “the winner is
sure to recover if the judgment is affirmed, and the loser need not fear inability to recoup if the
judgment is reversed.” BASF Corp. v. Old World Trading Co., 979 F.2d 615, 617 (7th Cir.
1992). “The posting of a bond in the amount of the judgment, coupled with the fact that money
judgments earn interest from the date they are entered in the district court, 28 U.S.C. § 1961,
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Case: 3:13-cv-00832-wmc Document #: 445 Filed: 04/30/15 Page 3 of 4
assures a prevailing plaintiff that sheer passage of time will not render the judgment
uncollectible.” Donovan v. Fall River Foundry Co., 696 F.2d 524, 526 (7th Cir. 1982).
Millennium has provided adequate security to both sides by posting a bond in the amount
of $8,740,000, equal to 101% of Ameritox’s judgment. The applicable post-judgment interest
rate is the “1-year constant maturity Treasury yield" for the calendar week preceding judgment,
compounded annually. See 28 U.S.C. § 1961(a), (b). In this case, the applicable interest rate is
0.24% for the calendar week that ended April 24, 2015. BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM, SELECTED INTEREST RATES (WEEKLY) (April 27, 2015)
www.federalreserve.gov/releases/h15/current/default.htm. This means that the bond secured by
Millennium is sufficient to pay post-judgment interest for more than four years.
CONCLUSION
For the foregoing reasons, Millennium respectfully requests that the Court approve the
form and amount of the attached supersedeas bond, and enter an Order staying all persons or
entities from executing, or attempting to execute, upon the Judgment in this case and from filing
any proceedings to enforce the Judgment’s award of money damages pending resolution of
Millennium’s appeal of the Judgment.
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Case: 3:13-cv-00832-wmc Document #: 445 Filed: 04/30/15 Page 4 of 4
Dated: April 30, 2015
By: s/Jennifer L. Gregor
Steven P. Hollman
Robert B. Wolinsky
Rebecca C. Mandel (pro hac vice)
HOGAN LOVELLS US LLP
555 13th Street, N.W.
Washington, D.C. 20004
(202) 637-5672 (Telephone)
(202) 637-5910 (Fax)
steven.hollman@hoganlovells.com
robert.wolinsky@hoganlovells.com
rebecca.mandel@hoganlovells.com
Arlene L. Chow (pro hac vice)
Bonnie Chen (pro hac vice)
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
(212) 918-3000 (Telephone)
(212) 918-3100 (Fax)
arlene.chow@hoganlovells.com
bonnie.chen@hoganlovells.com
Douglas M. Poland
Jennifer L. Gregor
GODFREY & KAHN, S.C.
One East Main Street, Suite 500
Madison, WI 53701-2719
Phone: (608) 284-2625
Fax: (608) 257-0609
dpoland@gklaw.com
jgregor@gklaw.com
Attorneys for Defendant Millennium Health, LLC
13537543.2
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