Seven Oaks Construction, LLC v. Talbot Construction, Inc., et al

Filing 25

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/28/12. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

SEVEN OAKS CONSTRUCTION,
LLC,

)
)
)
Plaintiff,
)
)
v.
)
)
TALBOT CONSTRUCTION, INC., )
and TRAVELERS CASUALTY AND )
SURETY COMPANY, INC.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:11cv140-MHT
(WO)

OPINION
Plaintiff Seven Oaks Construction, LLC, originally
filed

this

lawsuit

against

defendants

Talbot

Construction, Inc. and Travelers Casualty and Surety
Company, Inc. in state court, charging them with unjust
enrichment and breach of contract and asserting that one
or more of them was liable to Seven Oaks due to an
agreement to indemnify contractors and subcontractors in
the

event

of

a

default.

With

Travelers

Casualty’s

consent, Talbot Construction removed this lawsuit from

state to federal court based on diversity-of-citizenship
jurisdiction. 28 U.S.C. §§ 1332, 1441.
This
Company’s

lawsuit
motion

is

now

to

before

dismiss.

the

court

Although

on

Surety

given

an

opportunity to respond, Seven Oaks has not done so.

The

court therefore assumes that Seven Oaks has no objection
to the dismissal of this case against Surety Company.
(If

the

court’s

assumption

is

incorrect,

Seven

Oaks

should so inform the court within seven days from the
date of this opinion).
An appropriate judgment will be entered.
DONE, this the 28th day of March, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE