Free Motion for Release of Bond Obligation - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

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Filed 06/26/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 03-CV-02504-REB-CBS PETER HORNICK Plaintiff v. GARY BOYCE and JOANNE BOYCE Defendants

UNOPPOSED MOTION FOR RELEASE OF SUPERSEDEAS BOND

Plaintiff Peter Hornick, by and through his undersigned attorneys, moves this Court to release the supersedeas bond entered in this case on the following grounds: 1. Pursuant to D.C. Colo. L. Civ. R. 7.1, counsel for Hornick has

discussed this Motion with counsel for the Boyces who support the Motion for Release of Supersedeas Bond. 2. On January 2, 2007, an amended judgment was entered in this case in

favor of Hornick and against the Boyces jointly and severally, in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) together with pre and post judgment interest and costs. 3. On January 26, 2007, the amended judgment was appealed by the

Boyces and cross-appealed by Hornick pursuant to Fed. R. App. P. 4(a) in the

Case 1:03-cv-02504-REB-CBS

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United States Court of Appeals for the Tenth Circuit, Case Numbers 07-1040 and 07-1041. 4. On October 18, 2007, the Boyces posted a supersedeas bond issued by

Bond Safeguard Insurance company in the amount of Two Million Five Hundred Thousand Dollars to secure the amended judgment pending the appeals. 5. On June 6, 2008, the United States Court of Appeals for the Tenth

Circuit issued its Order and Judgment in Case Nos. 07-1040 and 07-1041, in which it denied the appeal and the cross appeal and affirmed the Amended Judgment. 6. Pursuant to Fed. R. App. P. 40(a)(1), the time for filing a Petition for

Rehearing expired on June 20, 2008, and no Petition for Rehearing has been filed. 7. The Boyces and Hornick have arranged for the amount of the

Amended Judgment inclusive of interest and costs, being Two Million Three Hundred and Sixty Six Thousand Sixty Five Dollars and Ninety Eight Cents ($2,366,065.98) be deposited in the COLTAF Trust account of undersigned counsel for Hornick, to be held in escrow until release of the supersedeas bond. 8. Pursuant to Order of the Court, the original supersedeas bond is held

by counsel for the Boyces. WHEREFORE, Plaintiff Hornick requests that this Court Order the Supersedeas Bond to be released, and the original bond delivered to Erich Schwiesow, Plaintiff's attorney for return to Bond Safeguard.

Case 1:03-cv-02504-REB-CBS

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Respectfully Submitted this 26th day of June, 2008.

s/ Erich Schwiesow Erich Schwiesow Lester, Sigmond, Rooney & Schwiesow P.O. Box 1270 Alamosa, Colorado 81101 Telephone: (719) 589-6626 FAX (719) 589-5555 Email: [email protected] Attorney for Plaintiff, Peter Hornick CERTIFICATE OF SERVICE I hereby certify that on the 26th day of June, 2008, I electronically filed the foregoing Plaintiff Hornick's UNOPPOSED MOTION TO RELEASE SUPERSEDES BOND with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected]

s/ Erich Schwiesow