West Plains, L.L.C. v. Retzlaff Grain Company Incorporated, et al

Filing 259

ORDER that the Joint Motion of the Plaintiffs and Defendants to Discharge the Supersedeas Bond, ECF No. #257 , is granted. Supersedeas Bond Number 106288703 (the "Bond") in the amount of $1,600,000, ECF No. #223 , is hereby released. Travelers is hereby released from any and all past, present and future liability arising under or in connection with the Bond. The Clerk of the Court is directed to release the Bondfor immediate return to Travelersto: Brent Meyer, Esq., Husch Blackwell LLP, 13330 California Street, Suite 200 Omaha, NE 68154. Ordered by Chief Judge Laurie Smith Camp. (Emailed Copy to Finance)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

WEST PLAINS, L.L.C.,
Plaintiff,

8:13CV47

vs.
ORDER
RETZLAFF GRAIN COMPANY
INCORPORATED, BRYCE WELLS,
JEFFREY BRADLEY, THOMAS
DANNER, REBECCA DANNER, JODY
MAY, CHAD NEEDHAM, TODD
PAYZANT, SAMANTHA RHONE,
CRYSTAL KONECKY, CINDY
SCHOLTING, and DREW WAGGONER,
Defendants.

This matter is before the Court on the Joint Motion of the Plaintiffs and
Defendants to Discharge the Supersedeas Bond. ECF No. 257. On February 17, 2017,
Defendant Retzlaff Grain Company, Inc., posted Supersedeas Bond Number
106288703 (the “Bond”) in the amount of $1,600,000. ECF No. 223. The Travelers
Casualty and Surety Company of America (Travelers) acted as Surety. The parties
have represented that the full amount owed to Plaintiff West Plains, LLC, d/b/a CT
Freight Company has been remitted and the judgment has been satisfied. Accordingly,
the Bond is no longer required and Travelers and its parents, affiliates and subsidiaries
will be released from any and all liability.
IT IS ORDERED:
1.

The Joint Motion of the Plaintiffs and Defendants to Discharge the
Supersedeas Bond, ECF No. 257, is granted;

2.

Supersedeas Bond Number 106288703 (the “Bond”) in the amount of
$1,600,000, ECF No. 223, is hereby released;

3.

Travelers is hereby released from any and all past, present and future
liability arising under or in connection with the Bond;

4.

The Clerk of the Court is directed to release the Bond—for immediate
return to Travelers—to:
Brent Meyer, Esq.
Husch Blackwell LLP
13330 California Street, Suite 200
Omaha, NE 68154

Dated this 29th day of January, 2018.

BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

2