Insurance Company of the West v. Kuenzi Communications, LLC et al
| Insurance Company of the West |
| Kuenzi Communications, LLC, Silver Ridge Nursery, LLC, J & R Drilling, LLC, Sunset Equipment, LLC, Kuenzi Communications, Inc., Loyal W. Kuenzi, Joe E. Kuenzi, Rochelle Kuenzi and Rebecca Kuenzi |
| 6:2009cv06102 |
| April 16, 2009 |
| US District Court for the District of Oregon |
| Contract: Other Office |
| Marion |
| Ann L. Aiken |
| None |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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Filing
33
ORDER: Plaintiff's Motion for Summary Judgment 26 is granted. Plaintiffs are ordered to submit an accounting of the damages owed them by defendants, including an accounting of attorney fees, so that payment of damages may be ordered. D efendants are ordered to show cause why they should not be required to specifically perform their joint and several obligations under the terms of the Indemnity Agreement, including (a) the posting of collateral security; (b) the furnishing of compet ent evidence of ICW's discharge from the Bonds without any loss; and (c) an injunction enjoining defendants, and each of them, from conveying, transferring, assigning, mortgaging, hypothecating, or disposing of any assets in derogation of ICW's rights under the Indemnity Agreement. Both plaintiff's and defendant's submissions to the court are due by 9/11/09. Signed on 8/24/09 by Chief Judge Ann L. Aiken. (lae)
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