Travelers Casualty and Surety Company of America v. W.P. Rowland Constructors Corporation et al
| Travelers Casualty and Surety Company of America |
| Rowland Constructors Group Incorporated, Rowland Companies Construction Group Incorporated, Rowland Texas GP, Rowland Texas LP, Rowland Companies Southeast Incorporated, W.P. Rowland Enterprises LP, 8324 E. Hartford Drive LLC, WLR Trust I, BKR Trust I Dated 9/1/05, Linda L Rowland, James B Rowland, Kimberly A Rowland, William P Rowland, W.P. Rowland Constructors Corporation, W.P. Rowland Properties Corporation, R.L.H. Associates LLC, RCCG Management Incorporated, Rowland Companies-Western Incorporated, Rowland Companies-Southwest Incorporated and Rowland Companies-Central Incorporated |
| 2:2012cv00390 |
| February 23, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| Frederick J Martone |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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| Document Text |
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Filing
117
PARTIAL JUDGMENT, Plaintiff Travelers Casualty and Surety Company of America shall recover judgment on Count I and Count II of its Amended Complaint, in the amounts set forth below, against the following defendants: (1) W.P. Rowland Constructors Corp ., (2) W.P. Rowland Properties Corp., (3) RCCG Management, Inc., (4) Rowland Companies-Western, Inc., (5) Rowland Companies Southwest, Inc., (6) Rowland Companies Central, Inc., (7) Rowland Constructors Group, Inc., (8) Rowland Companies Construction Group, Inc., (9) Rowland Texas, G.P., (10) Rowland Texas L.P., (11) Rowland Companies Southeast, Inc., (12) W.P. Rowland Enterprises, L.P., (13) 8324 E. Hartford Drive, LLC, (14) William P. Rowland, (15) Linda L. Rowland, (16} James B. Rowland, (17) Kimberly A. Rowland, (18) William P. Rowland and Linda L. Rowland, Trustees of the WLR Trust I, (19) James B. Rowland and Kimberly A. Rowland, Trustees of the BKR Trust I dated September 1, 2005; Plaintiff Travelers Casualty and Surety Company of Am erica shall have judgment against the defendants 1-19, and each of them, jointly and severally, on Count I of the Amended Complaint in the principal sum of $626,411.34, plus pre-judgment interest at the rate of 10% per annum from 8/16/12 th rough the date of entry of this Judgment; Plaintiff Travelers Casualty and Surety Company of America shall have judgment against the defendants 1-19, and each of them, jointly and severally, on Count II of the Amended Complaint, and the defendants 1- 19 shall provide Plaintiff with collateral in the principal sum of $1,303,088.00, plus pre-judgment interest at the rate of 10% per annum from 2/10/12 through the date of entry of this Judgment; collateral may not be disbursed until indemni fiable claims are determined; the remainder of the collateral, if any, must be returned to defendants once all claims are satisfied; post-judgment interest on the principal amounts set forth above shall accrue at the rate established by 28 U.S.C. 67; 1961 from the date this Judgment is entered until paid; pursuant to Rule 54(b), Federal Rules of Civil Procedure, the Court determines there is no just reason for delay and hereby directs that this partial judgment be entered forthwith. Signed by Senior Judge Frederick J Martone on 7/8/13. (REW)
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Filing
113
IT IS ORDERED DENYING defendants motion for reconsideration 110 . (See attached PDF for details.) Signed by Senior Judge Frederick J Martone on 6/11/13.(JAMA)
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Filing
108
ORDER, granting Travelers' motion for summary judgment 80 on Count 1 in the amount of $626,411.34; granting Travelers' motion for summary judgment 81 on Count 2; Defendants are ordered to provide Travelers with collateral in the to tal amount of $1,303,088 to cover Travelers financial exposure under the Bonds; collateral may not be disbursed until indemnifiable claims are determined; the remainder of the collateral, if any, must be returned to defendants once all claims are satisfied. Signed by Senior Judge Frederick J Martone on 5/21/13. (REW)
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Filing
45
ORDER, denying the remainder of plaintiff's motion for preliminary injunction 14 ; Plaintiff's requests that defendants be required to deposit $1,303,088 as collateral and that defendants be prohibited from secreting or diverting asse ts are denied; the injunction ordering defendants to use contract proceeds from bonded projects to pay bonded debts to claimants who have properly perfected a valid bond claim is affirmed 42 ; this denial is without prejudice to the right of plaintiff to file a motion showing it is entitled to preliminary injunctive relief under federal standards. Signed by Judge Frederick J Martone on 5/15/12. (REW)
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