GLASS ARTISTRY ARCHITECTURAL GLASS & METAL, LLC v. WESTERN SURETY COMPANY

Filing 15

ORDER THAT UPON CONSIDERATION OF THE MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF GLASS ARTISTRY ARCHITECTURAL GLASS & METAL, LLC 10 , AND THE MOTION TO STAY OF DEFENDANT WESTERN SURETY COMPANY 9 , AND THE RESPONSES AND REPLIES THERETO, IT IS HEREBY OR DERED, FOR THE REASONS SET OUT IN THE MEMORANDUM; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE; DEFENDANT'S MOTION FOR STAY IS GRANTED. THIS CASE SHALL BE STAYED UNTIL FURTHER ORDER OF THE COURT; THE CLERK OF COURT SHALL PLACE THIS MATTER IN CIVIL SUSPENSE. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 1/27/10. 1/28/10 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GLASS ARTISTRY ARCHITECTURAL GLASS & METAL, LLC v. WESTERN SURETY COMPANY : : : : : : : CIVIL ACTION

NO. 09-2244

ORDER AND NOW, this 27th day of January, 2010, upon consideration of the Motion for Summary Judgment of Plaintiff Glass Artistry Architectural Glass & Metal, LLC, (Docket No. 10) and the Motion to Stay of Defendant Western Surety Company (Docket No. 9), and the responses and replies thereto, IT IS HEREBY ORDERED, for the reasons set out in a Memorandum of today's date, that: 1. The plaintiff's Motion for Summary Judgment is

DENIED without prejudice to the plaintiff's right to raise its arguments again on a full record after discovery. 2. The defendant's Motion for a Stay is GRANTED.

This case shall be STAYED until further Order of the Court, pending the resolution of the mediation and possible subsequent state court action between non-parties Magnum, Inc., and West Whiteland Township, respectively the general contractor and owner of the construction project at issue in this matter.

3.

Counsel shall send a written report as to the

status of the dispute resolution process between Magnum, Inc., and West Whiteland Township on or before July 30, 2010, and shall notify the Court promptly if the dispute resolution process concludes before that date. 4. Civil Suspense. The Clerk of Court shall place this matter in

BY THE COURT:

/s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.

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