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13-7214 - Colonial Surety Company v. A&R Capital Associates et al


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13-7214 - Colonial Surety Company v. A&R Capital Associates et al
March 31, 2017
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MEMORANDUM AND ORDER: Plaintiff's motion for summary judgment is hereby GRANTED, in part, and DENIED, in part. Plaintiff's motion is granted in the amount of $9,939.48 in connection with Defendants' failure to pay premium on the LandSite Lien Bond. Plaintiff's motion is also granted as to its contractual entitlement to collateral security, and Defendants are ordered to deposit with Plaintiff collateral security in the amount of $259,827.96 within a period of ten (10) business days of the entry of this order. Finally, Plaintiff's motion is granted as to Plaintiff's claims for specific performance of its contractual rights to collateral security and free access to Defendants' books, records, and accounts. Defendants are to provide Plaintiff with access to their books, records, and accounts, as provided for in Paragraph 10(I) of the Indemnity Agreement, within a period of ten (10) business days of the entry of this order. Plaintiff's motion is denied as to Plaintiff's request, both under contract and common law, for summary judgment in the amount of $650,025.86, plus interest, to compensate Plaintiff for its losses, costs, and expenses. See attached Memorandum and Order for details. Ordered by Judge LaShann DeArcy Hall on 3/31/2017. (Nuni, Joshua)
June 12, 2017
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ORDER: As set forth in the Court's June 12, 2017 Memorandum of Decision and Order, Plaintiff's renewed motion for summary judgment is GRANTED as to Plaintiff's request, under the Indemnification Agreement, for summary judgment in the amount of $650,025.86. See attached Memorandum of Decision and Order for details. Ordered by Judge LaShann DeArcy Hall on 6/12/2017. (Nuni, Joshua)