United States v. Gonzales & Gonzales Bonds & Insurance Agency, Inc.

ORDER RE MOTIONS FOR SUMMARY JUDGMENT

(Docket Nos. 156, 159, 163, 165, 167, 169, 171, 174, 176, 182, 242)

Plaintiff the United States initiated this lawsuit against Defendants Gonzales & Gonzales Bonds and Insurance Agency, Inc. and American Surety Company (collectively, “G&G”). The lawsuit concerns contracts entered into by the government and G&G. More specifically, G&G posted immigration bonds with the government (on behalf of certain aliens), and, according to the government, G&G substantially violated the conditions of those bonds, for example, by failing to deliver an alien to the government upon demand. The government thus seeks to recover the bond amounts from G & G. G & G, in turn, contends that any bond breach declared by the government should be rescinded or that the bond itself should be deemed invalid because the government first breached the bond agreements, for example, by failing to issue a timely delivery demand. Accordingly, G&G contends it owes nothing to the government.

Currently pending before the Court are multiple summary judgment motions and cross-motions regarding twenty different bond matters. The twenty bond matters were identified by the parties as…