The Board of Trustees of the Leland Stanford Junior University v. Chi-yi

Background

The court’s July 11, 2023 order directed Stanford to transfer and turn over certain diaries and papers of Chiang Kai-shek and Chiang Ching-kuo, referred to as the “Deposits,” in their entirety to Academia Historica within 60 days. The court entered a final judgment the same day.

Defendant Chungyan (“James”) Chan later filed a notice of appeal. Stanford then filed an application asking the court to clarify whether Chan’s appeal changed Stanford’s obligations under the July 11 order. Academia Historica responded that the transfer should proceed as ordered.

Court’s analysis

The court explained that a judgment ordinarily remains effective during an appeal unless the court issues a stay, which temporarily pauses enforcement. The automatic stay under Federal Rule of Civil Procedure 62(a) had expired, and no party had requested a stay under Rule 62(b). Although Chan had appealed, he had not requested a stay.

Disposition

The court held that the July 11 order had taken effect and that Stanford had to transfer the Deposits to Academia Historica within 60 days of that order despite the pending appeal. Judge Beth Labson Freeman granted Stanford’s ex parte application and directed Stanford to comply with the July 11 order. The court stated that the clarifying order did not constitute further action by the court.