Trustees of the Iron Workers' Locals 15 and 424 Pension Fund et al v. Liberty Mutual Insurance Company
| Trustees of the Iron Workers' Locals 15 and 424 Pension Fund, Trustees of the Iron Workers' Locals 15 and 424 Annuity Fund, Trustees of the Iron Workers' Locals 15 and 424 Extended Benefit Fund, Trustees of the Iron Workers' Locals 15 and 424 Apprentice Training Fund, Iron Workers' Local 15 and Iron Workers Local 424 |
| Liberty Mutual Insurance Company |
| 3:2018cv00157 |
| January 26, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Victor A. Bolden |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
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ORDER denying 25 Motion for Summary Judgment.Plaintiffs' motion for summary judgment is DENIED without prejudice to renewal by October 2, 2020, to the extent Plaintiffs can provide sufficient documentary evidence of the existence of a direct written contract between Iron Workers' Locals No. 15 and 424 and J.L. Marshall & Sons, Inc., or J.F.C. Construction, LLC, for the labor performed on the relevant building project in 2015-2016, consistent with this opinion. If Plaintiffs fail to renew this motion by October 2, 2020, or seek leave for an extension of this deadline, the case will be scheduled for trial on this issue only.Based on Plaintiffs' filings and Liberty Mutuals failure to respond to them, there is no other genuine issue of material fact to be tried, and all of Liberty Mutuals affirmative defenses fail as a matter of law, save one, which fails for lack of record evidence. Accordingly, consistent with this Court's "inherent auth ority to manage [its] docket[ ] and courtroom[ ] with a view toward the efficient and expedient resolution of cases," Dietz v. Bouldin, 136 S.Ct. 1885, 1892 (2016), rather than simply deny this motion, the Court considers it more expeditious to give Plaintiffs an opportunity to re-file it, if sufficient documentary evidence can be provided, consistent with this opinion.Signed by Judge Victor A. Bolden on 8/21/2020. (Leon, Noel)
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