IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

TOWER INSURANCE COMPANY OF NEW Case No. 14-cv-00975-MO

YORK, a New York corporation,

Plaintiff, Order For Interpleader Discharge

 Discharging Plaintiff From Further

v. Liability, And For An Award Of 

Plaintiff’s Costs and Attorney Fees

ROSE CITY AUTO GROUP, LLC, an Oregon 

limited liability company; LEONARD M. 

SHILEY, an individual; TERESA BYLE, an 

individual; LOGAN DRIEDRIC, an individual; 

JOANNA STONER, an individual; STEPHEN 

STONER, an individual; LOVE MARTINO, an 

individual; ANAN SRIVILAI, an individual; 

CAMERON JOHNSON, an individual; 

JONATHAN GILBERT, an individual; TINA 

HARRAL, an individual; ROY WIEGAND, an 

individual; NATHAN LANGER, an individual; 

KAREN BERSINE, an individual; MELISSA 

STEVENS, an individual; TONY EDWARDS, 

an individual; DEBBIE RECKTANGLE, an 

individual; RODNEY JENKINS, an individual; 

STEPHEN SCHANTIN, an individual; 

BRITTANY LAWRENCE, an individual; MATT 

REED, an individual; SHERIAL REED, an 

individual; RACHEL SCHANTIN, an individual; 

EZEKIAL HUNT, an individual; BOBBY 

HEAGLE, an individual; LANEY 

BLANKENSHIP, an individual; LONNEY 

FRANCIS, an individual; OREGON 

COMMUNITY CREDIT UNION, an Oregon 

non-profit entity; TWINSTAR CREDIT UNION,

Defendants.

1 –ORDER
MOSMAN, J., 

This matter came before the Court on Tower Insurance Company of New York’s (“Tower”) 

Motion for Order of Interpleader Discharging Plaintiff From Further Liability, and for an Award 

of Plaintiff’s Costs and Attorney Fees (“the Motion”), which Motion sought to interplead the 

Bond proceeds of a Motor Vehicle Dealer’s Surety Bond posted by Tower, as surety, and on 

behalf of Leonard M. Shiley dba Rose City Auto Group and/or Rose City Auto Group, LLC, as 

principal, Bond No. CSBCU1000927 (the “Bond”), to discharge and exonerate Tower and the 

Bond and to protect Tower from further claims against the Bond, and for award of Tower’s costs 

and attorney fees from the interplead proceeds; the Court having reviewed the files and records 

herein, as well as Tower’s Motion, the supporting memorandum, and the Declaration of 

Lawrence A. Wagner, and the Court otherwise being informed, now, therefore: 

IT IS HEREBY ORDERED, as follows:

1. Tower’s Motion is granted. 

2. Tower is hereby directed to deposit with the Court the sum of $40,000 (the 

“Bond Proceeds”). 

3. Upon tender of the Bond Proceeds, Tower is discharged and exonerated 

from all claims and liability that arise in any manner related to the Bond; all pending 

claims against Tower in this matter that arise out of or relate to the Bond are hereby 

dismissed with prejudice; all claims that may or could have been made against Tower 

and all judgments that were or could have been entered in connection with the Bond 

shall be satisfied from the proceeds of the Bond Proceeds tendered into the Court 

registry, and Tower shall not be liable for any amount in excess of the amount herein 

interplead;

2 –ORDER
4. All persons are enjoined and restrained from filing or prosecuting any suit, 

action or other claim or judgment against Tower on account of its obligations under the 

Bond. 

5. Tower shall be allowed to recover from the Bond Proceeds the sum of 

$12,170.42, as amounts reasonably incurred in connection with this interpleader action. 

The clerk of the court is hereby directed to disburse from the registry of the court, the 

sums awarded to Tower. The check shall be sent to Tower in care of Lawrence A. 

Wagner, Stewart Sokol & Larkin, LLC, 2300 SW First Avenue, Suite 200, Portland, 

Oregon 97201. 

6. All rights of subrogation and indemnity under the terms of the Bond and 

the indemnity agreement held by Tower are specifically reserved for the benefit of 

Tower and are not waived, released or discharged hereby; Tower’s indemnity claim 

shall be resolved by separate motion and order. 

5. If the Court ascertains that valid claims timely filed with the Court are less 

than the remaining Bond Proceeds that were tendered to the Court, then the Court will 

return such undisbursed Bond Proceeds to Tower. 

DATED this 20th day of November, 2014. 

/s/ Michael W. Mosman

MICHAEL W. MOSMAN

United States District Judge

3 –ORDER