`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`VDPP, LLC,
`Plaintiff-Appellant
`
`v.
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Defendant-Appellee
`______________________
`
`2024-2226
`______________________
`
`Appeal from the United States District Court for the
`Southern District of Texas in No. 4:23-cv-02961, Judge Lee
`H. Rosenthal.
`
`______________________
`
`ON MOTION
`______________________
`
`Before REYNA, LINN, and STOLL, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`
`
`
`
`
`
`
`Case: 24-2226 Document: 32 Page: 2 Filed: 12/10/2024
`
`
`
` 2
`
`VDPP, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC.
`
` VDPP, LLC moves1 for relief from enforcement of the
`judgment. ECF Nos. 12 and 15. Volkswagen Group of
`America, Inc. responds. VDPP replies.
`The district court set a bond in the amount of
`$249,602.32, due December 23, 2024, and stayed enforce-
`ment of the judgment until that date. It denied requests to
`stay discovery during that time, to set a $0.00 bond, or to
`accept an alternative bond constituting purported evidence
`of a retirement account of VDPP’s attorney capable of sat-
`isfying the judgment. Movant(s) now seek that relief from
`this court or to set a bond of 10% or waive it entirely.
`Rule 8(a)(2) of the Federal Rules of Appellate Proce-
`dure authorizes this court to grant a stay pending appeal.
`We consider four factors: “(1) whether the [movant] is likely
`to succeed on the merits, (2) whether it will suffer irrepa-
`rable injury without a stay, (3) whether the stay will sub-
`stantially injure the other parties interested in the
`proceedings, and (4) where the public interest lies.” Ohio
`v. Env’t Prot. Agency, 603 U.S. 279, 291 (2024) (citing Nken
`v. Holder, 556 U.S. 418, 434 (2009)); see also Standard Ha-
`vens Prods., Inc. v. Gencor Indus., Inc., 897 F.2d 511, 512–
`13 (Fed. Cir. 1990). On the basis of the papers submitted,
`we cannot say movant(s) have shown entitlement to the re-
`lief requested, and therefore deny the motion.
`Accordingly,
`
`
`
`1 The motion(s) purport to be made also on behalf of
`VDPP’s attorney, William P. Ramey, III. Separately before
`the court is an opposed motion to amend the caption to in-
`clude Mr. Ramey as an appellant. See ECF No. 21. The
`court will address that motion in due course. The briefing
`on this motion to stay, filed at least on behalf of VDPP, is
`sufficient for the court to decide ECF Nos. 12 and 15.
`
`
`
`Case: 24-2226 Document: 32 Page: 3 Filed: 12/10/2024
`
`VDPP, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC.
`
` 3
`
`IT IS ORDERED THAT:
`ECF Nos. 12 and 15 are denied.
`
`
`
`
`
`
`
`
`
`FOR THE COURT
`
`
`
`
`
`
`
`
`
`
`
`December 10, 2024
` Date
`
`
`
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