Opinion
09 CV 799 (SJ)
09-13-2011
GRANITE SOUTHLANDS TOWN CENTER, LLC Plaintiff, v. ALBERTA TOWN CENTER and LAND TITLE GUARANTEE COMPANY. Defendants.
APPEARANCES: FULBRIGHT & JAWARSKI LLP By: Osborne J. Dykes, III Benjamin M. Vetter Windy B. McCracken Austin, TX 78701 By: Paul Trahan Counsel for Plaintiff Attorneys for Plaintiff ROBINSON WATERS & O'DORISIO, PC. By: Stephen L. Waters Kimberly A. Bruetsch Attorneys for Defendant Land Title Guarantee JONES & Keller, P.C. By: Stuart N. Bennett Kenneth B. Danielsen Attorney for Defendant Alberta Town Center, LLC
MEMORANDUM AND ORDER
APPEARANCES:
FULBRIGHT & JAWARSKI LLP
By: Osborne J. Dykes, III
Benjamin M. Vetter
Windy B. McCracken
Austin, TX 78701
By: Paul Trahan
Counsel for Plaintiff
Attorneys for Plaintiff
ROBINSON WATERS & O'DORISIO, PC.
By: Stephen L. Waters
Kimberly A. Bruetsch
Attorneys for Defendant Land Title Guarantee
JONES & Keller, P.C.
By: Stuart N. Bennett
Kenneth B. Danielsen
Attorney for Defendant Alberta Town Center, LLC JOHNSON, Senior District Judge:
ADDENDUM
The Court issues the following addendum to its Memorandum and Order dated September 02, 2011 (Docket Entry ("DE") 195), and for the reasons stated therein. It is ORDERED that:
Plaintiff Granite Southlands Center, LLC ("Plaintiff") is entitled to receive the full sum of the Estoppel Holdback at dispute in the litigation (the "Cash Funds")—to wit $650,000 in earnest money placed in escrow with Land Title Guaranty Co. (the "Escrow Agent")—plus accrued interest, and minus the sum of the registry fee.
The Escrow Agent who has interpleaded the Cash Funds with the Court is thus obligated to deliver the Cash Funds to Granite. The Escrow Agent, however, may file its own motion for fees and costs pursuant to the Order entered on December 7, 2010 (DE 153).
The Escrow Agent, as a nominal defendant who is acting as the Escrow Agent for the subject funds and, pursuant to the Escrow Agreement, is merely awaiting to disburse Cash Funds in accordance with the final order, judgment or decree of any court of competent jurisdiction which may be filed, entered, or issued, is thus dismissed as a party in this case.
Plaintiff is also entitled to recover its reasonable and actual attorney's fees, expenses and cost pursuant to paragraph 12 of the Escrow Agreement and D.C. COLO.LocalCiv.R 54.1.
SO ORDERED. DATED: September 13, 2011
Brooklyn, New York
Sterling Johnson, Jr. U.S.D.J.