Triple S Alarm Company Inc v. Westfield Insurance Company

Filing 35

ORDER denying deft's 34 Motion for a Declaration. Signed by Judge Susan Webber Wright on 3/1/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
UNITED STATES OF AMERICA, for
the use and benefit of
TRIPLE S ALARM CO., INC.

Plaintiff
VS.
WESTFIELD INSURANCE
COMPANY
Defendant

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NO: 4:10CV01505 SWW

ORDER
Before the Court is Defendant’s motion for a declaration regarding Plaintiff’s ability to
recover attorney fees in this case (docket entry #34). The Court will not issue an advisory
opinion regarding a controversy which has not arisen and thus declines to grant the requested
declaration. However, in the interest of resolving this dispute without the necessity of a trial, the
Court directs the parties to F.D. Rich Co. v. United States ex rel. Indus. Lumber Co., 417 U.S.
116, 94 S.Ct. 2157 (1974), where the Supreme Court held that “the Miller Act provides a federal
cause of action, and the scope of the remedy as well as the substance of the rights created
thereby is a matter of federal not state law.” Id. at 127, 94 S.Ct. 2157.
IT IS THEREFORE ORDERED that Defendant’s motion for a declaration (docket entry
# 34) is DENIED.
IT IS SO ORDERED THIS 1st DAY OF MARCH, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE