Travelers Casualty & Surety Company of America v. Spinosa et al

Filing 35

JUDGMENT under Rule 54(b). Signed by Judge Eldon E. Fallon on 2/29/12.(ala, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TRAVELERS CASUALTY & SURETY
COMPANY OF AMERICA

CIVIL ACTION

VERSUS

NO. 10-3052

JOSEPH T. SPINOSA, ET AL

SECTION: L

RULE 54(B) JUDGMENT
Considering the Court’s Order entered on February 27, 2012:
IT IS ORDERED, ADJUDGED AND DECREED that Defendants Joseph T. Spinosa,
Echelon Construction Services, L.L.C., Perkins Rowe Associates, L.L.C., Perkins Rowe
Associates II, L.L.C., Perkins Rowe Associates III, L.L.C., and Perkins Rowe Associates IV,
L.L.C., (“the Indemnitors”) are jointly, severally, and in solido liable to Plaintiff as follows: (1)
the Indemnitors shall indemnify Travelers for the losses Travelers incurred in connection with
having executed bonds on behalf of Echelon and in enforcing the indemnity agreement, in the
amount of $9,721,427.18; (2) the Indemnitors shall specifically perform their obligations under
the indemnity agreement by depositing collateral security with Travelers in the amount of
$5,000,000.00.
Travelers’ right is reserved to seek all additional sums expended, including, but not
limited to, all costs, expenses, attorney’s fees, and other professional fees that Travelers incurs in
connection with having executed payment and performance bonds on behalf of Echelon and in
enforcing the indemnity agreement.
This Order resolves less than all of Plaintiff’s claims against Defendants, but there being
no just reason for delay, the Court shall issue a separate final judgment as to the claims

encompassed by the Motion for Summary Judgment. The case shall remain pending and
administratively stayed pursuant to the Court’s separately-issued Order addressing the parties’
Joint Motion to Sever (Rec. Doc. 32).
New Orleans, Louisiana, this 29th day of February, 2012.

________________________________
ELDON E. FALLON
UNITED STATES DISTRICT JUDGE