COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
SVEN T. MOZDIEZ,
Plaintiff,
vs.
REBECCA MOZDIEZ,
Defendants
DISTRICT COURT DEPARTMENT OF
THE TRIAL COURT
Docket No.: 2221RO62
MOTION For STAY PENDING APPEAL
Now comes REBECCA MOZDIEZ, the Defendant, pro se, and
hereby files this Motion for Stay of this Court’s decision
rendered on May 3, 2022, pending Appeal, pursuant to Mass. R.
Civ. P. 62(c) et seq. In support thereof, Defendant states as
follows:
1. On or about March 8, 2022, this Court held an ex parte
hearing and granted Plaintiff a Restraining Order against
Defendant.
2. Consequently, ten days later, on or about March 18,
2022, the Court extended the Restraining Order to May 3, 2022.
3. On or about May 3, 2022, this Court again issued an
Order extending the Restraining Order against Defendant, for one
more year.
4. Defendant has filed an Appeal against said Order.
Accordingly, Defendant files this Motion to Stay execution of
the May 3, 2022 Order, pending the outcome of the Appeal.
5. Mass. R. Civ. P. 62(c) provides for an injunction
pending appeal. According to said provision:
“[w]hen an appeal is taken from an interlocutory or
final judgment granting, dissolving, or denying an
injunction, the court in its discretion may suspend,
modify, restore, or grant an injunction during the
pendency of the appeal upon such terms as to bond or
otherwise as it considers proper for the security of
the rights of the adverse party.”
6. Further, Mass. R. Civ. P. 62(d) provides that the
taking of an appeal from a judgment shall stay execution upon
the judgment during the pendency of the appeal.”
7. In the instant case, Defendant is appealing this
Court’s decision granting and extending a Restraining Order
against her. Defendant challenges the order on various grounds
inter alia, Plaintiff did not satisfy the requisite burden for
the issuance of a Restraining Order; Plaintiff severally lied
about the goings on, which lies he made in an attempt to obtain
the Restraining Order; and her right to a fair trial was
violated by the Court.
8. It is therefore for good cause, and in the interest of
justice, for this Court to grant a stay to the enforcement of
the Court’s Order extending the Restraining Order for one year.
Respectfully submitted:
Dated: __________
______________________________
REBECCA MOZDIEZ
Pro se
CERTIFICATE OF MAILING
I, [ENTER NAME], certified on this ______day of ________
2023, I deposited a true copy of the above to the Plaintiff by
placing the documents with prepaid postage in the United States
mailbox address.
______________________________
REBECCA MOZDIEZ
Pro se
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