Wales et al v. Farmers Stockyards, Inc.
Filing
174
MEMORANDUM OPINION & ORDER: 1. Abner construction Company is ordered to file a motion for summary judgment on the issue of Farmers Stockyard's claim for indemnification by no later than 4/4/16. 2. Farmers Stockyard shall file a response no later than 4/6/16. 3. Abner Construction Company shall file a reply by no later than 4/8/16. 4. Abner Construction Company's Motion 170 for clarification is DENIED as de trop. Signed by Judge Joseph M. Hood on 4/1/2016.(LC)cc: COR
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
ANTHONY WALES, SR. and
TONYA WALES, Individually
and as parents & guardians
of an unmarried infant,
Next Friend A.W., Jr.,
Plaintiffs,
v.
FARMERS STOCKYARDS, INC., et
al.
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Action No.
5:14-cv-394-JMH
MEMORANDUM OPINION AND ORDER
Defendants.
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This matter is before the Court upon Abner Construction
Company’s motion for clarification of the Court’s ruling on it
motion for summary judgment with respect to the issue of common
law negligence, [DE 170]. Specifically, Abner requests a statement
that the court’s ruling of March 28, 2016, is dispositive as to
all claims against Abner Construction.
Although that is true as
to those claims raised by the plaintiffs, the ruling at issue
specifically did not address Farmers Stockyard, Inc.’s claim for
indemnification.
Abner Construction Company now contends that the Court’s
ruling should have included Farmers Stockyard, Inc.’s claim for
indemnification.
However, since Abner Construction Company never
moved for summary judgment on that issue, the Court is at loss as
to its authority for making a ruling sua sponte on the matter.
No
further clarification is necessary.
Although
summary
Abner
judgment
Construction
on
Farmers
Company
Stockyard,
may
be
entitled
to
claim
for
Inc.’s
indemnification based on the Court’s prior rulings in this case,
Farmers Stockyard, Inc. is entitled to have its say on the matter.
Accordingly, IT IS ORDERED herein as follows:
(1)
That Abner Construction Company file a motion for
summary judgment on the issue of Farmers Stockyard, Inc.’s claim
for indemnification by no later than April 4, 2016.
(2)
That Farmers Stockyard, Inc. shall file a response
by no later than April 6, 2016.
(3)
That Abner Construction Company file a reply by no
later than April 8, 2016.
(4)
That Abner Construction Company’s motion for
clarification be, and the same hereby is, DENIED as de trop.
This the 1st day of April, 2016.
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