Sun Construction Company, Inc. v. Torix General Contractors, LLC et al

Filing 307

ORDER. Defendants Motion to Vacate and Reset Hearing Set for 5/18/2011 303 is GRANTED. Defendants Motion to Stay Judgment Pending Appeal and For Approval of Supersedeas Bond 285 is set for hearing on 5/31/2011 at 9:00 a.m. in Courtroom C401. Fi delity and Deposit Company of Marylands Joinder in Sun Construction, Inc.s Response to Defendants Motion to Stay Judgment Pending Appeal and for Approval of Supersedeas Bond 293 is GRANTED. Plaintiff Sun Construction Company, Inc.s Motion Requestin g a Hearing Regarding the Reasonability of Plaintiffs Requested Attorneys Fees 268 is HELD IN ABEYANCE. Fidelity and Deposit Company of Marylands Joinder Re: Motion toAmend Judgment to Include Costs and Pre-Judgment Interest 262 is GRANTED. By Judge Lewis T. Babcock on 5/13/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE

Civil Case No. 07-cv-01355-LTB-MJW
UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF SUN CONSTRUCTION
COMPANY, INC., a Colorado corporation; and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation,
Plaintiff,
v.
TORIX GENERAL CONTRACTORS, LLC, a Colorado limited liability company f/k/a Alliance
General Contractors, LLC;
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut
corporation; and
ST. ANDREWS/ALLIANCE JOINT VENTURE, a joint venture,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________

As set forth on the record during the telephonic conference held on May 13, 2011, at 9:30
am., it is HEREBY ORDERED THAT:
1.

Defendants’ Motion to Vacate and Reset Hearing Set for May 18, 2011 [Doc #

303] is GRANTED. As such, Defendants’ Motion to Stay Judgment Pending Appeal and For
Approval of Supersedeas Bond [Doc # 285] is set for hearing on Tuesday, May 31, 2011 at 9:00
a.m. in Courtroom C401, Bryon G. Rogers United States Courthouse, 1929 Stout Street, Denver
Colorado.

2.

I GRANT Fidelity and Deposit Company of Maryland’s Joinder in Sun

Construction, Inc.’s Response to Defendants’ Motion to Stay Judgment Pending Appeal and for
Approval of Supersedeas Bond [Doc # 293].
3.

At that time I will also hear argument as to entitlement on Sun Construction,

Inc.’s F.R.C.P. 59 Motion to Amend Judgment to Include Sun’s Attorneys Fees, Costs, and
Prejudgment Interest and Fees and Costs Incurred by Sun to Intervenor Plaintiff F&D [Doc #
261]. In so doing, I HOLD IN ABEYANCE Plaintiff Sun Construction Company, Inc.’s
Motion Requesting a Hearing Regarding the Reasonability of Plaintiff’s Requested Attorney’s
Fees [Doc #268].
4.

I GRANT Fidelity and Deposit Company of Maryland’s Joinder Re: Motion to

Amend Judgment to Include Costs and Pre-Judgment Interest [Doc # 262].

Dated: May 13, 2011 in Denver, Colorado.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE

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