Weitz v. Alberici Constructors

Filing 35

ORDER that the Court held a conference in this matter on Friday, February 13, 2009, to clarify the contents of the Court's January 16, 2009, Memorandum and Order 30 ; as communicated to the parties during the conference, the Court did not make any factual findings in its January 16, 2009, Memorandum and Order; instead, the Court only determined in the Memorandum and Order that Counts I, III, and IV of the plaintiff's amended complaint were sufficient to survive defendants' Rule 12(b)(6) motion to dismiss.Ordered by Senior Judge Lyle E. Strom. (CJP)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA THE WEITZ COMPANY, LLC., an Iowa limited liability company, ) ) ) ) Plaintiff, ) ) v. ) ) ALBERICI CONSTRUCTORS, INC., ) a Missouri corporation; and ) TRAVELERS CASUALTY & SURETY ) COMPANY OF AMERICA, ) ) Defendants. ) ______________________________)

8:08CV199

ORDER

The Court held a conference in this matter on Friday, February 13, 2009, to clarify the contents of the Court's January 16, 2009, Memorandum and Order (Filing No. 30). As communicated

to the parties during the conference, the Court did not make any factual findings in its January 16, 2009, Memorandum and Order. Instead, the Court only determined in the Memorandum and Order that Counts I, III, and IV of the plaintiff's amended complaint were sufficient to survive defendants' Rule 12(b)(6) motion to dismiss. DATED this 17th day of February, 2009. BY THE COURT: /s/ Lyle E. Strom _________________________________ LYLE E. STROM, Senior Judge United States District Court