Carnell Construction Corporation v. Danville Redevelopment & Housing Authority, et al

Filing 218

ORDER finding as moot 179 Motion for Judgment as a Matter of Law; finding as moot 183 Motion for Judgment as a Matter of Law; granting in part and denying in part 208 Motion for Judgment as a Matter of Law. Signed by Judge Jackson L. Kiser on 5/2/2011. (mlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION CARNELL CONSTRUCTION CORP., Plaintiff/Counterclaim Defendant, v. DANVILLE REDEVELOPMENT & HOUSING AUTHORITY, Defendant/Counterclaim Plaintiff v. BLAINE SQUARE, LLC, Defendant/Counterclaim Plaintiff v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Counterclaim Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 4:10CV00007 ORDER By: Jackson L. Kiser Senior United States District Judge Before me is Defendant/Counterclaim Plaintiff Danville Redevelopment & Housing Authority’s and Defendant/Counterclaim Plaintiff Blaine Square, LLC’s Motion for Judgment as a Matter of Law or, in the Alternative, Motion for a New Trial (ECF No. 208) pursuant to Federal Rules of Civil Procedure 50(b) and 59(a)(1)(A). The parties filed supporting and opposing briefs to the motion and I heard oral argument on April 12, 2011. The matter is now ripe for decision. For the reasons stated in the accompanying Memorandum Opinion, I will DENY Defendants’ Motion for Judgment as a Matter of Law and GRANT Defendants’ Motion for a New Trial. All other pending motions are OVERRULED AS MOOT. The Clerk is directed to send a copy of the Order and the accompanying Memorandum Opinion to all counsel of record. Entered this 2nd day of May, 2011. s/Jackson L. Kiser Senior United States District Judge

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