Opinion
Case No. 2:09-cv-01831-KJD-PAL.
March 17, 2011
Anderson, McPharlin Conners LLP, Janiece S. Marshall, Esq., NV Bar No. 4686, Las Vegas, NV, Attorneys for Defendant/Crossclaimant/Counterclaimant/Third Party Plaintiff, Western Surety Company.
ORDER
The matter of Defendant/Crossclaimant/Counterclaimant/Third Party Plaintiff Western Surety Company's Motion to: (1) Exonerate Bond, (2) Discharge Western Surety Company, (3) Dismiss with Prejudice Western Surety Company, (4) Reimburse Western Surety for Costs of Interpleader and (5) Dismiss Bond Claimant Defendant Ahern Rentals, Inc. for Failing to Appear [Doc #85] and Plaintiffs' Notice of Non-Opposition to Western's Motion [#86] having come before this Court and this Court having reviewed and considered all pleadings filed herein does hereby order the following:
IT IS ORDERED that Bond No. 69898790, issued by Western Surety Company on behalf of Riggio Brothers Construction, Inc. and Bione D. Riggio is hereby exonerated.
IT IS FURTHER ORDERED that Western Surety Company is hereby discharged from all liability arising from or relating to Bond No. 69898790.
IT IS FURTHER ORDERED that Defendant/Crossclaimant/Counterclaimant/Third Party Plaintiff Western Surety Company is hereby dismissed with prejudice from this Action.
IT IS FURTHER ORDERED that the claim of Bond Claimant and Third Party Defendant Ahern Rentals, Inc. is hereby dismissed, with prejudice, and, upon entry of this Order, Ahern Rentals, Inc. shall no longer have any right to assert a claim to the bond proceeds on deposit with the Court. IT IS FURTHER ORDERED that Western Surety Company shall be reimbursed from the Bond Funds on deposit with the Clerk of the Court for costs in the amount of $382.61.