Bias Analysis of December 10, 2024 Order

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Bias Score Analysis: Judge Miller’s December 10, 2024 Stay Order

📌 Summary of the Stay Order

Judge Kevin Miller’s December 10, 2024 Order on Stay of Judgment granted the Plaintiffs’ motion to stay enforcement of the May 17, 2024 judgment during their appeal. Key rulings included:

1. Stay Granted: Enforcement of the judgment was stayed pending appellate review.

2. Security Accepted: Judge Miller approved the $70,000 letter of credit from FM Bank as adequate security (despite Defendants’ objections).

3. Conditional Continuation: Plaintiffs must renew the letter of credit if the appellate process is not resolved 45 days before its expiration.

4. Return of Property: If garnishments occurred, they must be reversed.

5. Disclosure Orders Stayed: All disclosure orders related to post-judgment collection are stayed.

⚖️ Transcript Insights – September 16, 2024 Hearing

The transcript shows:

• Plaintiffs offered a standard financial instrument (letter of credit) with an amount exceeding the judgment plus projected interest.

• Defendants objected, asserting:

  • That the letter of credit might expire before the appeal concluded.

  • That Plaintiffs had a history of avoiding payments.

  • That funds should instead be held by either Tentinger Law Firm or the Court.

• Plaintiffs rebutted by noting:

  • Minnesota law permits letters of credit.

  • The expiration could be easily remedied.

  • Past sanctions were paid without issue.

• Judge Miller did not accept Defendants’ accusations or speculative arguments, nor did he impose unnecessary conditions.

⚖️ Legal Appropriateness

Judge Miller followed Minn. R. Civ. App. P. 108.02, subd. 1, which allows courts discretion in approving a stay of judgment pending appeal and the form of security. The order:

• Respects both parties’ positions.

• Conditions the stay on tangible steps (filing/renewing the letter of credit).

• Does not adopt the unorthodox or risky alternative of allowing a party’s law firm to hold adverse-party security funds.

🎯 Bias Assessment

Bias Score: -1 (slightly biased toward Defendants)

Reasoning:

• While Judge Miller granted the stay and rejected key defense demands, his inclusion of a renewal condition (¶ 4 of the order) seems to reflect partial credit to Defendants’ speculative concern that Plaintiffs might allow the letter of credit to lapse. Given Plaintiffs’ payment history and willingness to comply, this added requirement could be viewed as cautious but slightly accommodating to Defendants’ narrative.

• However, the overall decision is procedurally sound, well-reasoned, and leans toward judicial neutrality.