Yor Wic Construction Co Inc v. Engineering Design Technologies Inc

Filing 126

ORDER granting in part and denying in part 97 Motion for Summary Judgment; granting 98 Motion for Summary Judgment; denying 100 Motion for Partial Summary Judgment; denying 101 Motion for Summary Judgment. Signed by Chief Judge S Maurice Hicks, Jr on 7/13/2020. (crt,McDonnell, D)

Case 5:17-cv-00224-SMH-KLH Document 126 Filed 07/13/20 Page 1 of 1 PageID #: 3693

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
YOR-WIC CONSTRUCTION CO., INC.

CIVIL ACTION NO. 17-0224

VERSUS

JUDGE S. MAURICE HICKS, JR.

ENGINEERING DESIGN
TECHNOLOGIES, INC., ET AL.

MAGISTRATE JUDGE HAYES

ORDER
Based on the foregoing Memorandum Ruling,
IT IS ORDERED that United Fire’s Motion for Summary Judgment (Record
Document 98) is GRANTED and all claims asserted against it are hereby DISMISSED
WITH PREJUDICE. Further, EDT’s Motion for Summary Judgment (Record Document
97) is GRANTED IN PART AND DENIED IN PART. EDT’s Motion is GRANTED as to
Yor-Wic’s suspensive condition claim and Fidelity’s material alteration claim; thus, said
claims, in addition to Yor-Wic’s counteroffer claim, are hereby DISMISSED WITH
PREJUDICE. EDT’s Motion is DENIED as to Yor-Wic’s subjective novation claim and
Fidelity’s defense of late notice. Additionally, Yor-Wic’s Motion for Partial Summary
Judgment (Record Document 100) and Fidelity’s Motion for Summary Judgment (Record
Document 101) are DENIED.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 13th day of July, 2020.