URSA MAJOR UNDERGROUND LLC v. LIBERTY MUTUAL INSURANCE COMPANY et al
Filing
60
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 53 Report and Recommendations for 38 Motion for Summary Judgment filed by URSA MAJOR UNDERGROUND LLC, UTILITY SERVICES AUTHORITY LLC. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
URSA MAJOR UNDERGROUND, LLC,
)
)
PLAINTIFF
)
)
V.
)
)
LIBERTY MUTUAL INSURANCE
)
COMPANY AND SCHMID PIPELINE
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CONSTRUCTION, INC.,
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)
DEFENDANTS
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______________________________________ )
UTILITY SERVICES AUTHORITY,
)
)
LLC,
)
PLAINTIFF
)
)
V.
)
)
LIBERTY MUTUAL INSURANCE
)
COMPANY AND SCHMID PIPELINE
)
CONSTRUCTION, INC.,
)
)
)
DEFENDANTS
CIVIL NO. 1:14-CV-162-DBH
CONSOL. W/1:14-CV-328-DBH
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On November 19, 2015, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision on Plaintiffs’ Motion
for Summary Judgment. Objections to the Recommended Decision were filed by
both the plaintiffs and defendants on December 7, 2015. I have reviewed and
considered the Recommended Decision, together with the entire record; I have
made a de novo determination of all matters adjudicated by the Recommended
Decision; and I concur with the recommendations of the United States
Magistrate Judge for the reasons set forth in the Recommended Decision, and
determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED.
The plaintiffs’ motion for summary judgment is
GRANTED
IN PART.
IN PART AND
DENIED
The plaintiffs are entitled to payment of
their outstanding invoices without further delay (Counts I, II and III). The motion
is DENIED with respect to the plaintiffs’ claim for additional remedies under
Maine’s Prompt Payment Act (Count IV).
In light of the reported settlement
between the general contractor and the owner, the defendants shall NOTIFY the
court by January 15, 2016, what if anything remains on the counterclaims.
SO ORDERED.
DATED THIS 4TH DAY OF JANUARY, 2016
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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