Martinez, CA AS INDICATED ABOVE.

THEREON FULLY PREPAID IN THE UNITED STATES MAIL AT Martinez, CA AS INDICATED ABOVE.

Martinez, CA AS INDICATED ABOVE.

COMES NOW Defendant, JAYESH DESAI, (“Defendant”) and answering the Complaint for Damages for (1) Premises Liability; (2) Negligence; (3) Battery (4) Intentional Infliction of Emotional Distress; (5) Fraudulent Concealment; and (6) Pubic Nuisance (“Complaint”) on file herein, admits, denies and alleges as follows: This answering Defendant denies each and every, all and singular, generally and specifically, the allegations in said Complaint.

Defendant Jayesh Desai’s Answer to Complaint for Damages; Case No. C22-00557 Electronically Filed Superior Court of CA County of Contra Costa 9/25/2023 8:00 AM By: T. Schrader, Deputy

AS A SECOND SEPARATE AFFIRMATIVE DEFENSE TO THE COMPLAINT, this answering Defendant alleges that Plaintiff’s claims are barred, in whole or in part, by the applicable Statutes of Limitations.

AS A THIRD SEPARATE AFFIRMATIVE DEFENSE TO THE COMPLAINT, it is alleged that Plaintiff is guilty of laches with respect to Plaintiff’s claims and is therefore not entitled to invoke the aid of the equity jurisdiction of the Court.

it is alleged that Plaintiff expressly, voluntarily and knowingly assumed all risks about which she complains in her Complaint, and, therefore, is barred either totally or to the extent of said assumption from recovering any damages.

(“TD Bank”) opposed the stay because Miller failed to post bond as required under Federal Rule of Civil Procedure 62(b) (“Rule 62(b)”) (See “Opposition,” Dkt. No.

The Second Circuit has stated that a district court may waive the bond requirement after considering five non-exclusive factors: “(1) the complexity of the collection process; (2) the amount of time required to obtain a judgment after it is affirmed on appeal; (3) the degree of confidence that the district court has in the availability of funds to pay the judgment; (4) whether the defendant’s ability to pay the judgment is so plain that the cost of a bond would be a waste of money; and (5) whether the defendant is in such a precarious financial situation that the requirement to post a bond would place other creditors of the defendant in an insecure position.” In re Nassau Cnty.

However, courts in this District have repeatedly rejected waiver requests on the basis of the fifth Nassau County factor alone.

The primary purposes of Rule 62(d) are to guarantee recovery for the party that ultimately prevails and to “protect the judgment debtor from the risk of losing the money if the decision is reversed.” In re Nassau Cnty., 783 F.3d at 418.

The fifth factor, however, is instead aimed at protecting the judgment debtor’s other creditors, and thus, it carries the least persuasive weight in determining whether to grant a stay without bond.

If there is a changein your financial circumstances during this case that increases yourability to pay fees and costs, you must notify the trial court within five days.

If you settle your civil case for $10,000 or more,the trial court will havea lien on the settlementin the amountofthe waivedfees.

You have 10 daysafter the clerk gives notice of this Order (see date of service (] on next page) to: « Pay your fees and costs, or * File a new revised request that includes the incomplete itemslisted: (J Below [) On Attachment 4b(1) (2) The information you provided on the request showsthat you are noteligible for the fee waiver you requestedfor the reasonsstated: [1] Below [J On Attachment4b(2)

Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you askat least five days before the hearing.

C This order was mailedfirst class, postage paid,to the party and attorney,if any, at the addresseslisted in(1) and (2), from (city): , California, on the date below.

Electronically Filed Superior Court of CA County of Contra Costa 4/9/2024 1:57 PM By: T. Schrader, Deputy

If a party whose court fees and costs were initially waived has recovered or wi|| recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery.

The court may refuse to dismiss the case until the lien is satisfied.

Declaration Concerning Waived Court Fees Sherri Gordon 1.

The person named in item 1 is (check one below): not recovering anything of value by this action.