Travelers Casualty and Surety Company of America v. Graves et al

Filing 49

ORDER Denying 30 Motion to Dismiss. Signed by Judge Philip M. Pro on 11/21/2011. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

-oOo-

7
8
9
10
11
12
13
14

TRAVELERS CASUALTY AND
)
SURETY COMPANY OF AMERICA, )
)
)
Plaintiffs,
)
)
vs.
)
)
SUSAN GRAVES, et al.,
)
)
)
Defendants.
)
)

2:11-CV-00937-PMP-CWH
ORDER

Before the Court for consideration is Defendant DW “Doc” Wiener’s Motion to

15

Dismiss Complaint (Doc. #30) filed August 9, 2011. On November 14, 2011, the Court

16

conducted a hearing regarding Defendant Wiener’s Motion and also a separate Motion

17

filed on behalf of Co-Defendant Susan Graves which the Court granted. Although the

18

Motions filed by Defendant Wiener and Graves are similar, the factual circumstances

19

are sufficiently distinct to warrant a different result at this stage of the proceedings.

20

On October 2, 2007, Plaintiff Travelers issued a Surety Bond on behalf of the

21

Boulevard Bar LLC, d/b/a Trader Vic’s and in favor of the Nevada Department of

22

Taxation. The Surety Bond was secured by an Indemnity Agreement which included a

23

Corporate Indemnity signed by Defendant DW “Doc” Wiener, Manager. The Bond was

24

additionally secured by an individual/additional Indemnity Agreement signed by

25

Defendant Madison and Susan Graves 1993 Family Trust.

26

The Court finds that whether Defendant Wiener’s signature as presented is

27

sufficient to render him individually liable under the Indemnity Agreement he signed is

28

an open question which will be clarified more fully through the discovery process.

1

At this stage, however, the Court finds Plaintiff has met the requirements of alleging a

2

plausible entitlement to relief against Defendant Wiener in his individual capacity.

3
4

IT IS THEREFORE ORDERED that Defendant DW “Doc” Wiener’s Motion
to Dismiss Complaint (Doc. #30) is DENIED.

5
6

DATED: November 21, 2011.

7
8
9
10

PHILIP M. PRO
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-