James River Insurance Company v. Rapid Funding, LLC

Filing 286

ORDER granting 282 Motion for Order to Release Supersedeas Cash Bond to James River by Judge Christine M. Arguello on 09/14/11.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 07-cv-01146-CMA-BNB
JAMES RIVER INSURANCE COMPANY, an Ohio corporation,
Plaintiff,
v.
RAPID FUNDING, LLC, a Colorado limited liability company,
Defendant.

ORDER RELEASING SUPERSEDEAS CASH BOND
TO JAMES RIVER

This matter is before the Court on Plaintiff’s Unopposed Motion For Release of
James River’s Supersedeas Cash Bond (Doc. # 282). The Court, being fully advised
in the premises, hereby GRANTS the Motion for the following reasons:
1.

Defendant Rapid Funding LLC does not oppose the motion.

2.

Pursuant to this Court’s prior orders (Doc. ## 226, 277), Plaintiff James

River deposited $6.6 million into the Court’s registry as security for satisfaction of the
judgment.
3.

On July 29, 2011, the Tenth Circuit issued an opinion reversing the

judgment and remanding for a new trial limited to the issue of damages. See Tenth Cir.
Case No. 10-1145. On August 29, the Tenth Circuit revised that opinion, without
changing the result, and the mandate issued on September 6, 2011 (Doc. # 281).
Accordingly, it is

ORDERED that the cash bond deposited by Plaintiff James River into the Court’s
registry – principal plus interest, less the registry fee assessment – be released to
James River. The office of the Clerk is hereby ordered to contact counsel for James
River to obtain the details for a wire transfer to an account to be designated by James
River.
DATED: September

14

, 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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