ISP Grande Seeks Stay in Execution of $47M Judgment Pending Appeals

Internet service provider Grande Communications Networks seeks an order “staying the execution” of the judgment against it, pending all appeals, and for waiver of bond or other security requirements, said its motion Thursday (docket 1:17-cv-00365) in U.S. District Court for Western Texas in Austin. There’s “no question” Grande “has the present ability to pay the judgment and will continue to have that ability until after all appeals are complete,” said the motion. With annual revenue exceeding $1.5 billion, Grande “qualifies for the exception to the security requirement,” it said. It shouldn’t be required to post bond, it said. The parties “met and conferred on the subject of this motion,” and the plaintiff record labels “indicated they oppose the relief sought,” it said. The labels filed notice March 13 of a conditional cross-appeal at the 5th U.S. Circuit Appeals Court of the final judgment entered Jan. 30 in their favor by U.S. District Judge David Ezra (see 2303140028). Ezra’s judgment mirrored a jury’s Nov. 3 verdict awarding the labels $46.77 million in statutory damages for Grande’s willful contributory infringement of 1,403 copyrighted works. Grande filed a renewed motion for judgment as a matter of law, or alternatively a new trial, and also is appealing Ezra’s judgment and the verdict to the 5th Circuit. The labels’ cross-appeal is conditional on Grande’s appeal resulting in any portion of the final judgment “being reversed or remanded” to the district court, said their notice.