WESCO Distribution, Incorporated v. Hartford Fire Insurance Company et al

Filing 76

ORDER for Supplemental Briefing re 62 MOTION for Summary Judgment filed by WESCO Distribution, Incorporated. Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Wesco Distributors, Inc., Plaintiff, v. Hartford Fire Ins. Co., et al., Defendants. _________________________________/ ORDER FOR SUPPLEMENTAL BRIEFING Plaintiff Wesco Distributors, Inc.'s ("Wesco") Motion for Summary Judgment (Docket Entry No. 62), wherein it seeks summary judgment as to its claim on the Payment Bond against Defendants Hartford Fire Ins. Co., Jenkins Construction, Inc. ("Jenkins"), and Piping Components, Inc. ("PCI") (collectively "Defendants), is currently pending before the Court. The Court hereby ORDERS Wesco and Defendants to submit supplemental briefs to the Court. IT IS ORDERED that, within seven days, Wesco shall submit a supplemental brief: 1) identifying the authority for its position that it can recover under the Payment Bond even if Jenkins/JCI fully paid Bayview for Wesco's materials; and 2) specifying the amount of attorney fees that Wesco seeks in this action, and attaching appropriate support for any amount requested. The brief shall be limited to two pages for each of the above issues. IT IS FURTHER ORDERED that, within seven days, Defendants shall submit a supplemental brief: 1) identifying authority to support their position that a retainage provision can somehow be imputed to a subcontractor who did not agree to a retainage provision in its contract; and 2) identifying authority to support their position that Wesco is prohibited from Case No. 09-13014 Honorable Sean F. Cox

making a claim on the Payment Bond because Jenkins/JCI fully paid Bayview for Wesco's materials. The brief shall be limited to two pages for each of the above issues. IT IS FURTHER ORDERED that, Defendants may file a brief of no more than two (2) pages, responding to Wesco's supplemental brief on attorney fees, within seven days after that brief is filed. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: September 8, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 8, 2010, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager