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

Case 1:04-cv-00084-REB-BNB

Document 94

Filed 08/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0084-REB-BNB APPGATE NETWORK SECURITY AB, a Swedish corporation, Plaintiff and Counterclaim Defendant, v. ALFRED MORESI, Defendant and Counterclaim Plaintiff ______________________________________________________________________________ PLAINTIFF'S UNOPPOSED MOTION TO RELEASE BOND

Plaintiff AppGate Network Security AB ("ANS"), by and through its counsel, Sherman & Howard L.L.C., hereby requests the Court to release the security bond in the amount of $1,000.00, deposited with the Clerk of the Court on January 20, 2004, pursuant to Fed.R.Civ.P 65(c), and as grounds therefore, states as follows: 1. Pursuant to D.Colo.L.R. 7.1, on August 10, 2005, Plaintiff's undersigned counsel

communicated with Defendant's counsel, Gregory J. Whitehair, concerning this Motion. Mr. Whitehair stated that Defendant does not oppose this Motion. 2. On January 15, 2004, ANS filed a Motion for Temporary Restraining Order and

Preliminary Injunction. 3. On January 16, 2004, this Court granted and entered a Temporary Restraining

Order and, pursuant to Fed.R.Civ.P 65(c), ordered ANS to deposit with the clerk of the court a bond in the amount of $1,000.00 for the payment of such costs and damages as may be suffered by any party later found to have been wrongfully restrained.

Case 1:04-cv-00084-REB-BNB

Document 94

Filed 08/11/2005

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4.

A check in the amount of $1,000.00 was submitted by ANS under cover letter to

the Court on January 20, 2004. 5. The parties filed a Stipulation and Order for Dismissal with Prejudice and

Retention of Jurisdiction on March 3, 2005. 6. An Order of Dismissal with entered by the Court on March 7, 2005. This

concluded this case. 7. This case is fully concluded and there is no need or reason to keep the bond in

place and the bond should be released. WHEREFORE, ANS respectfully requests this Court to release the bond and direct the Clerk to issue a check payable to ANS's counsel, Sherman & Howard L.L.C., in the amount of $1,000.00 plus interest, less the Court's registry fee assessment. DATED this 11th day of August , 2005.

s/ John W. Mill John W. Mill, Esq. Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, Colorado 80202 Phone: (303) 297-2900 Fax: (303) 298-0940 [email protected] Attorneys for AppGate Network Security AB

Case 1:04-cv-00084-REB-BNB

Document 94

Filed 08/11/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 11th day of August 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John R. Paddock, Jr., Esq. [email protected] J. Gregory Whitehair, Esq. [email protected]

s/ Grace M. Russell