Automation System Integrators, Inc. et al v Bryan Concrete & Excavation Inc et al

Filing 56

ORDER denying 39 Motion for Partial Summary Judgment; denying 41 Motion for Summary Judgment ; denying 50 Motion to Strike ; denying as moot 53 Motion to Continue Docket Call/Trial. Signed by District Judge Martin Reidinger on 11/7/2013. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00132-MR-DLH

THE UNITED STATES OF AMERICA
ex rel. AUTOMATION SYSTEM
INTEGRATORS, INC.,

)
)
)
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Plaintiff,
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vs.
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BCE, INC. and GREAT AMERICAN
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INSURANCE COMPANY,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Partial
Summary Judgment [Doc. 39]; Defendant Great American Insurance
Company’s Motion for Summary Judgment [Doc. 41]; Plaintiff’s Motion to
Strike [Doc. 50]; and Defendants’ Motion for Continuance of Bench Trial
[Doc. 53].
The Defendants request a continuance of the January 13, 2014
bench trial in light of the dispositive motions pending in this matter. [Doc.
53].

Upon careful review of the motions filed by the Plaintiff and
Defendant Great American Insurance Company [Docs. 39, 41], as well as
the responses and replies thereto [Docs. 46, 47, 48, 49], the Court finds
that there are genuine disputes of material fact which preclude the entry of
summary judgment in favor of any party. Accordingly,
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Partial
Summary Judgment [Doc. 39] and Defendant Great American Insurance
Company’s Motion for Summary Judgment [Doc. 41] are DENIED.
IT IS FURTHER ORDERED that the Defendants’ Motion for
Continuance of Bench Trial [Doc. 47] and Plaintiff’s Motion to Strike [Doc.
50] are DENIED AS MOOT.
IT IS SO ORDERED.

Signed: November 7, 2013

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