AMERICAN INFASTRUCTURE, INC v. ZACHRY CONSTRUCTION CORP.

Filing 71

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. 48) IS GRANTED. PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. 47) IS DENIED. DEFENDANTS MOTION TO PRECLUDE EVIDENCE (DOC. 45) IS DENIED AS MOOT. DEFENDANTS MOTION TO STRIKE AMERICA N INFRASTRUCTURES JURY DEMAND (DOC. 46) IS DENIED AS MOOT. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF. THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER CLOSED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/28/10. 12/29/10 ENTERED AND COPIES MAILED TO COSTON, E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ AMERICAN : CIVIL ACTION INFRASTRUCTURE, : : Plaintiff, : : v. : NO. 08-2701 : ZACHARY CONSTRUCTION : CORP., et. al., : : Defendants. : ____________________________________: ORDER AND NOW, this 28th day of December, 2010, upon consideration of Plaintiff's Motion for Summary Judgment, Defendants' Motion for Summary Judgment, the parties responses in opposition, after oral argument, and for the reasons set forth in the accompanying Opinion, it is hereby ORDERED that: Defendants' Motion for Summary Judgment (doc. no. 48) is GRANTED as to all counts in Plaintiff's First Amended Complaint; Plaintiff's Motion for Summary Judgment (doc. no. 47) is DENIED; and Should Defendants wish to pursue a claim for costs under Federal Rule of Civil Procedure 54(d)(1), they shall submit an appropriate motion within thirty (30) days of this Order. It is FURTHER ORDERED that: Defendants' "Motion to Preclude Evidence" (doc. no. 45) is DENIED as MOOT; and Defendants' "Motion to Strike American Infrastructure's Jury Demand" (doc. no. 46)

is DENIED as MOOT. Therefore, judgment is entered in favor of Defendants and against Plaintiff. The Clerk of Court is directed to mark this matter closed.

BY THE COURT: /s/ Mitchell S. Goldberg _____________________________ Mitchell S. Goldberg, J.