Cruz-Almaraz v. Bourke Construction, Inc. et al

Filing 43

Order to Deposit Funds, Authorize Tender and Exoneration of Bond, Reservation of Rights and Surety and Dismissal: The Clerk is directed to accept ICW's cashier's check in the amount of $6,000.00 and deposit monies into the court regist ry account. Defendant ICW is dismissed with prejudice and without costs or attorney fees and ICW's Bond No. 2205669 shall be exonerated in the amount of $6,000.00 (Related document(s): 41 ). Signed on 8/31/10 by Chief Judge Ann L. Aiken. (lae)

Jan D. Sokol, OSB #780873 Email: [e-mail] STEWART SOKOL & GRAY, LLC 2300 SW First Avenue, Suite 200 Portland, OR 97201-5047 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Insurance Company of the West

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION
JUAN CRUZ-ALMARAZ, No. Plaintiff,
v.

CV-09-1210-AA

BOURKE CONSTRUCTION, INC., a corporation incorporated in Oregon and Washington states; MATTHEW BOURKE, an individual; INSURANCE COMPANY OF THE WEST, a California corporation, Defendants.

ORDER TO DEPOSIT FUNDS, AUTHORIZE TENDER AND EXONERATION OF BOND, RESERVATION OF RIGHTS OF SURETY AND DISMISSAL

This matter, having come before the court on the parties' Stipulation to Deposit Funds, Authorize Tender and Exoneration of Bond, Reservation of Rights of Surety and Dismissal, and the Court being fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The Clerk is directed to accept Insurance Company of the West's ("ICW")

cashier's check, made payable to the Clerk, U.S. District Court, in the amount of $6,000.00, and to deposit these monies into the Court Treasury Registry Account;

11/
Page 1 - O R D E R TO DEPOSIT FUNDS, AUTHORIZE TENDER AND EXONERATION OF BOND, RESERVATION OF RIGHTS OF SURETY AND DISMISSAL
STEWART SOKOL &: GRAY lIe
ATIORNEYS AT LAW
BOO SW FIRST AVENUE,SUITE lOO
PORTI..AND, OREGON 9120l~ 5 0 4 7 (503) 221·0699 FAX (50}) 22}-5706

2. Counsel presenting this Order must serve a copy personally on the Clerk of Court and on the Clerk's Financial Administrator, before the Clerk will take any action on this Order; 3. The Clerk of the United States District Court for the District of Oregon is absolved of any liability by compliance with this Order. IT IS FURTHER ORDERED that plaintiff shall dismiss ICW from the above entitled action with prejudice and without costs or attorney fees to any party and ICW's Bond No. 2205669 shall be exonerated and discharged in the amount of $6,000.00. IT IS FURTHER ORDERED that the Bond proceeds so tendered should not be disbursed without further Order of this Court. IT IS FURTHER ORDERED that all rights of subrogation under the terms of the Bond held by ICW and authorized by RCW 19.72.070 for the benefit of ICW shall be specifically reserved for the benefit of ICW and that nothing contained herein shall affect ICW's indemnity rights against Bourke Construction, Inc. and Matthew Bourke.

D~ne in open court this

;;t

day of August, 2010.

HONORABLE ANN L. AIKEN
United States District Judge

cc:

Counsel of Record
Clerk, US District Court
Financial Administrator, Clerk's Office

STEWART SOKOL &: GRAY llC
ATIORNEYS AT LAW
2300 SW FIRST"vEN Uf. SUITE 200 PORTlAND, OREGON 9nOl~5041 (503) 221·069' FAX (503) 223·5]06 .

. Page 2 - ORDER TO DEPOSIT FUNDS, AUTHORIZE TENDER AND EXONERATION OF BOND, RESERVATION OF RIGHTS OF SURETY AND DISMISSAL

For Court Use Only

APPROVED AS TO FORM:

£~~X~/
US District Court Clerk · By Financial Administrator Submitted by: STEWART SOKOL & GRAY LLC Attorneys for Defendant Insurance Company of the West

By:

lsi Jan D. Sokol Jan D. Sokol, OSB #780873

M:lwdocslssgmainI762817628.018IPLEADl00559957.WPD

Page 3 - ORDER TO DEPOSIT FUNDS, AUTHORIZE TENDER AND EXONERATION OF BOND, RESERVATION OF RIGHTS OF SURETY AND DISMISSAL

STEWART SOKOL &:: GRAY Lle
ATTORNEYS AT LAW
2300 SW FIRST AVENUE, SUITE 200 PORTIAND,OREGON 9nOI·50.f7

(503) 221·0M9
FAX (503) 223·5706

..

,

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..

CERTIFICATE OF SERVICE I hereby certify that I served the foregoing ORDER TO DEPOSIT FUNDS, . AUTHORIZE TENDER AND EXONERATION OF BOND, RESERVATION OFRIGHTS OF SURETY AND DISMISSAL on: D. Michael Dale
[e-mail]
Meg Heaton
[e-mail]
O f Attorneys for Plaintiff Juan Cruz-Almaraz Jennifer Nelson [e-mail] Of Attorneys for Defendants Bourke Construction, Inc. and Matthew Bourke by E-filing a full, true and correct copy thereof to the attorney, as shown above, at the electronic mail address reflected on the court's CMIECF system, on the date set forth below. ~ Dated this _ day of August, 2010;

lsi Jan D. Sokol ·Jan D. Sokol, OSB #780873 Attorneys for Defendant Insurance Company of the West

Page 1 - CERTIFICATE OF SERVICE

STEWART SOKOL & GRAY Lie
ATTORNEYS AT LAW
2300 SW FIRST ",VEN UE, SUITE 200
PORllAND,OREGON 97201-50-17

[phone] FAX [phone]