Granite Southlands Town Center, LLC v. Alberta Town Center, LLC et al

Filing 197

ADDENDUM re: 195 MEMORANDUM AND ORDER. By Judge Sterling Johnson, Jr on 9/13/2011. (sah, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
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GRANITE SOUTHLANDS TOWN CENTER, LLC
09 CV 799 (SJ)
Plaintiff,
-vALBERTA TOWN CENTER and
LAND TITLE GUARANTEE COMPANY.
Defendants.
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A P P E A R A N C E S:
FULBRIGHT & JAWARSKI LLP
370 Seventeenth St. 600 Congress Ave., Suite 2150
Denver, CO 80202
By:
Osborne J. Dykes, III
Benjamin M. Vetter
Windy B. McCracken
600 Congress Ave., Suite 2400
Austin, TX 78701
By:
Paul Trahan
Counsel for Plaintiff
Attorneys for Plaintiff
ROBINSON WATERS & O’DORISIO, P.C.
1099 18th Street, Suite 2600
Denver, CO 80202
By:
Stephen L. Waters
Kimberly A. Bruetsch
Attorneys for Defendant Land Title Guarantee
JONES & Keller, P.C.
1999 Broadway, Suite 3150
By:
Stuart N. Bennett
Kenneth B. Danielsen
Attorney for Defendant Alberta Town Center, LLC

MEMORANDUM
AND ORDER

JOHNSON, Senior District Judge:
ADDENDUM
The Court issues the following addendum to its Memorandum and Order dated
September 02, 2011 (Docket Entry (“DE”) 195), and for the reasons stated therein. It
is ORDERED that:
Plaintiff Granite Southlands Center, LLC (“Plaintiff”) is entitled to receive the
full sum of the Estoppel Holdback at dispute in the litigation (the “Cash
Funds”)—to wit $650,000 in earnest money placed in escrow with Land Title
Guaranty Co. (the “Escrow Agent”)—plus accrued interest, and minus the sum
of the registry fee.
The Escrow Agent who has interpleaded the Cash Funds with the Court is thus
obligated to deliver the Cash Funds to Granite. The Escrow Agent, however,
may file its own motion for fees and costs pursuant to the Order entered on
December 7, 2010 (DE 153).
The Escrow Agent, as a nominal defendant who is acting as the Escrow Agent
for the subject funds and, pursuant to the Escrow Agreement, is merely
awaiting to disburse Cash Funds in accordance with the final order, judgment or
decree of any court of competent jurisdiction which may be filed, entered, or
issued, is thus dismissed as a party in this case.
Plaintiff is also entitled to recover its reasonable and actual attorney’s fees,
expenses and cost pursuant to paragraph 12 of the Escrow Agreement and D.C.
COLO.LocalCiv.R 54.1.
SO ORDERED.
DATED:

September 13, 2011
Brooklyn, New York

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__________/s/____________
Sterling Johnson, Jr. U.S.D.J.