HomeMy WebLinkAbout2021-cv-2063 - City of Fort Collins v. Open International, et al. - 356 - Order on Stay of Execution1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 21-cv-02063-CNS-SBP
CITY OF FORT COLLINS,
Plaintiff/Counterclaim Defendant,
v.
OPEN INTERNATIONAL, LLC,
Defendant/Counterclaim Plaintiff,
and
OPEN INVESTMENTS, LLC,
Defendant.
ORDER ON UNOPPOSED MOTION FOR STAY OF EXECUTION AS TO THE
JUDGMENT AGAINST DEFENDANT OPEN INVESTMENTS, LLC
Considering the foregoing Unopposed Motion for Stay of Execution As to the
Judgment Against Defendant Open Investments, LLC (ECF No. 355), it is ORDERED:
1. The Unopposed Motion for Stay of Execution as to the Judgment Against
Defendant Open Investments, LLC is granted;
2. Execution of the Court’s original and amended judgments against Defendant
Open Investments, LLC is stayed pending resolution of post-trial motions and
any subsequent appeal, except and to the extent that the Court issues any order
regarding the City’s ability to draw on the letter of credit (“LOC”) obtained by
Open Investments, LLC;
3. This stay is based on the LOC remaining in place, and it shall not be a violation
of the stay for the City of Fort Collins to draw on the LOC in the event the City
receives notice from the issuing bank that the LOC is not going to be renewed;
and
Case No. 1:21-cv-02063-CNS-SBP Document 356 filed 05/17/24 USDC Colorado pg 1 of 2
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4. This stay does not extend to the judgment against Open International, LLC; the
automatic stay on execution of the judgment against Open International, LLC has
expired; and the City’s right and ability to execute on the judgment against Open
International, LLC is not impacted in any way by this stay.
Dated this 17th day of May 2024
Charlotte N. Sweeney
United States District Judge
Case No. 1:21-cv-02063-CNS-SBP Document 356 filed 05/17/24 USDC Colorado pg 2 of 2