Irwin Industrial Tool Company et al v. Worthington Cylinders Wisconsin, LLC et al

Filing 378

ORDER. Signed by District Judge Martin Reidinger on 2/13/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:08-cv-00291

IRWIN INDUSTRIAL TOOL COMPANY,
d/b/a BernzOmatic and NEWELL
OPERATING COMPANY,

)
)
)
)
Plaintiffs,
)
)
)
vs.
)
)
)
WORTHINGTON CYLINDERS WISCONSIN, )
LLC, WORTHINGTON CYLINDER
)
CORPORATION, and WORTHINGTON
)
INDUSTRIES, INC.,
)
)
Defendants.
)
____________________________________ )

ORDER

THIS MATTER is before the Court to exonerate the surety bonds
posted by the Defendants herein.
On June 1, 2010, the Court granted the Defendants’ Motion to Stay
pending the determination of certain post-trial motions on condition that the
Defendant post a bond in the amount of $14,340,534.00. [Doc. 312]. The
Plaintiffs posted such bond on June 9, 2010. [Doc. 318]. The Defendants
subsequently filed a second bond, increasing the bond amount to
$15,837,672.88. [Doc. 343]. On July 6, 2011, the parties filed a stipulation

of dismissal of this action. Therefore, there is no further liability on the
Defendants’ bonds.
IT IS, THEREFORE, ORDERED that the bonds referenced in this
Order are hereby exonerated, and the Clerk of Court shall write across the
face of each of the original bonds that each has been exonerated, shall
scan such writing into the record, and shall return the original bonds along
with a copy of this Order to the appropriate attorneys.
IT IS SO ORDERED.

Signed: February 13, 2013

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