Acushnet Company v. Thiede, et al.

Filing 52

ORDER granting 51 Plaintiff's Motion to Release/Exonerate Bond. The bond posted on December 6, 2012 is exonerated. The Clerk shall issue a check payable to Osborn Maledon for the $10,000 bond, including all accrued interest. Signed by Senior Judge James A Teilborg on 9/3/14.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Acushnet Company,

No. CV-12-02508-PHX-JAT
Plaintiff,

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v.

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ORDER

Thomas Allan Thiede, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Motion to Release/Exonerate Bond (Doc.

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51). Initially, Plaintiff filed an ex parte motion with the Court for the entry of a temporary

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restraining order and seizure order. (Doc. 5). The Court granted Plaintiff’s motion, and

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ordered Plaintiff to post a $10,000 bond “as payment of damages to which Defendant

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may be entitled for a wrongful seizure or wrongful attempted seizure, prior to conducting

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the seizure ordered herein.” (Doc. 17 at 8). Plaintiff posted this bond, (Doc. 20), and the

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Court ultimately entered a final judgment and permanent injunction against Defendants,

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(Doc. 47).

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Defendants have not opposed Plaintiff’s motion for exoneration. Because the

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Court has permanently enjoined Defendant, there no longer exists the potential for

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wrongful seizure. Accordingly, the Court will exonerate the bond.

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For the foregoing reasons,

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IT IS ORDERED granting Plaintiff’s Motion to Release/Exonerate Bond (Doc.

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51).

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IT IS FURTHER ORDERED that the bond posted on December 6, 2012 is

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exonerated. The Clerk of the Court shall issue a check payable to Osborn Maledon for the

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$10,000 bond, including all accrued interest, and send this check to John Blanchard,

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Osborn Maledon, P.A., 2929 North Central Avenue, 21st Floor, Phoenix, AZ 85012.

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Dated this 3rd day of September, 2014.

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