TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA v. CONSOLIDATED CITY OF INDIANAPOLIS, INDIANA et al
| TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA |
| CONSOLIDATED CITY OF INDIANAPOLIS, INDIANA and CITIZENS ENERGY GROUP |
| 1:2013cv01276 |
| August 12, 2013 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Tanya Walton Pratt |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
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Filing
67
ENTRY ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT - The Court GRANTS Plaintiff Travelers Casualty and Surety Company of America's Motion for Partial Summary Judgment [Dkt. 49 ] and GRANTS Defendant Citizens Energy Group's Motion for Partial Summary Judgment [Dkt. 57 ]. Neither Defendant possesses an interest in the Performance Bond nor possesses a right to raise a claim arising therefrom, so each Defendant is precluded from bringing the Counterclaim against Plaintiff pursuant to suc h bond. Similarly, Citizens Energy Group was not a party to the Construction Contract or the Purchaser of the City's assets, and Plaintiff's failure to present evidence of Citizens's potential liability precludes Plaintiff from furt her pursuing its claim against Citizens. Accordingly, only Plaintiff's claims against Defendant Consolidated City of Indianapolis remain. Pursuant to Rule 54(b) of the Federal Rules of Civil procedure, this is not a final order and no judgment will be issued at this time.. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2014. (MGG)
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