Cellport Systems, Inc. v. Peiker Acustic GMBH & Co. KG

Filing 292

ORDER VACATING STAY ORDERAND APPROVING RELEASE OF SUPERSEDEAS BOND. 291 Unopposed Motion to Vacate 274 Order on Motion to Stay is GRANTED. by Judge R. Brooke Jackson on 10/21/17.(jdyne, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-CV-01007-RBJ-MJW
CELLPORT SYSTEMS, INC.,
Plaintiff/Counterclaim Defendant,
v.
PEIKER ACUSTIC GMBH & CO. KG,
Defendant/Counterclaim Plaintiff.

ORDER VACATING STAY ORDER
AND APPROVING RELEASE OF SUPERSEDEAS BOND

This matter comes before the Court on the unopposed motion [ECF No. 291] of
Defendant Peiker acustic GmbH & Co. KG (“Peiker”) to vacate the Court’s July 16, 2013 Order
Granting Motion to Stay Execution of Judgment Pending Appeal (Dkt. #274) (the Stay Order),
and to approve the release of Supersedeas Bond No. 105887021 (the “Supersedeas Bond”) that
Peiker provided as security for the Stay Order. The parties have stipulated that Peiker has
satisfied the existing $613,443 judgment, plus applicable pre-and post-judgment interest, in full.
The Court GRANTS Peiker’s motion [ECF No. 291] and ORDERS that the Stay Order is
vacated. The Supersedeas Bond is no longer required and is fully and unconditionally
discharged, released and exonerated. Travelers Casualty and Surety Company of America, the
surety under the Supersedeas Bond, is released from any and all past, present and future liability
arising under or in connection with the issuance of the Supersedeas Bond.

Dated this 21st day of October, 2014.
BY THE COURT:

U.S. District Judge R. Brooke Jackson

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