Travelers Casualty and Surety Company of America v. G&J General Contractor, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:23-CV-885-RJC-DCK
THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Motion To Interplead
Funds” (Document No. 28) filed April 17, 2024. This motion has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is ripe for disposition.
By the instant motion, Plaintiff Travelers Casualty and Surety Company of America
(“Travelers” or “Plaintiff”) seeks to Interplead into the registry of the Court the sum of
$500,000.00, representing the penal sum of North Carolina Contractor License Bond No.
107573201 (the “Bond”). Only one limited objection was raised by counsel on behalf of Alejandro
Lugo Hernandez, Brian Leepard, and L&L Construction and Remodeling, LLC, (the “Objecting
Defendants”) which has been resolved. See (Document No. 48, p. 2) (citing Document No. 37).
Having carefully considered the motion and the record, and noting that “all parties now
consent to Traveler’s Motion,” the undersigned will grant the motion. Id. The Court will adopt
Plaintiff Travelers proposed order (Document No. 42) as follows below.
IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion To Interplead Funds”
(Document No. 28) is GRANTED.
IT IS FURTHER ORDERED that:
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA,
)
)
)
Plaintiff, ) ORDER
)
v. )
)
G&J GENERAL CONTRACTOR, LLC, et al., )
)
Defendants. )
)
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1. Travelers is hereby directed to tender the $500,000.00 penal sum of
the Bond into the registry of this Court within twenty-one (21) days of the entry of
this Order and funds shall be distributed to Defendants as decided by the Court;
2. Upon tender of the penal sum of the Bond into the registry of this
Court, the Bond shall be discharged, deemed released, and cancelled, and that
Travelers shall be released from any further penal sum obligation or penal sum
liability under the Bond to any party to this cause of action or otherwise;
3. Nothing in this Order shall be deemed a waiver of Travelers’ claims
for indemnification or the Objecting Defendants’ claims and defenses related
thereto;
4. Nothing in this Order shall be deemed to be a waiver of any
Defendant’s rights and claims to the proceeds of the Bond, which rights shall be
determined from further proceedings in this action and orders of this Court; and
5. Any tendered funds remaining upon the conclusion of this matter
shall be returned to Travelers.
SO ORDERED.
Signed: October 3, 2024
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