Developers Surety and Indemnity v. Haes Contracting, Inc. et al

Filing 46

MEMORANDUM AND ORDER - Plaintiff's MOTION for Summary Judgment is granted 36 as to liability. Final judgment shall be entered after resolution of the issue of damages.Ordered by Senior Judge Richard G. Kopf. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEVELOPERS SURETY AND
INDEMNITY COMPANY, An Iowa
Corporation,
Plaintiff,
v.
HAES CONTRACTING, INC., A
Nebraska Corporation, SCOTT
HAES, an individual, and MARCIE
HAES, an individual,
Defendants.

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4:14CV3135

MEMORANDUM
AND ORDER

Plaintiff has filed a motion for summary judgment (Filing 36) in which it “is
only seeking a determination of liability.” (Filing 37, Pls.’ Br. Supp. Mot. Summ. J.
at CM/ECF p. 10 n.1.) Defendants have filed a brief in response to Plaintiff’s motion
for summary judgment “consent[ing] to a judgment as to liability” and requesting that
the court “grant[] the Plaintiff’s Motion for Summary Judgment, but only as to the
issue of liability.” (Filing 45.)
Accordingly,
IT IS ORDERED:
1.
liability;

Plaintiff’s motion for summary judgment (Filing 36) is granted as to

2.

Final judgment shall be entered after resolution of the issue of damages.

DATED this 8th day of July, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the court has no agreements with any of these third parties
or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion of the court.
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