ELLERMAN CONSTRUCTION INCORPORATED v. OHIO FARMERS INSURANCE COMPANY et al
| ELLERMAN CONSTRUCTION INCORPORATED |
| OHIO FARMERS INSURANCE COMPANY and MLE ENTERPRISES, INC. |
| 2:2012cv00166 |
| June 19, 2012 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Denise K. LaRue |
| William T. Lawrence |
| Miller Act |
| 40 U.S.C. ยง 270 Miller Act |
| None |
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Filing
80
ORDER ON MOTION FOR SUMMARY JUDGMENT - The Court GRANTS Ellerman's Motion for Summary Judgment. [Dkt. 58 .] It is therefore ORDERED that Ellerman Construction, Inc. shall recover from Ohio Farmers Insurance Company and MLE Enterprises, Inc., jointly and severally, actual damages in the amount of $242,066.36. The trial in this case is set for 9 a.m. EST on November 25, 2013, with the final pretrial conference and settlement conference set for 10 a.m. and 11 a.m. respectively on N ovember 7, 2013. The Court reminds the parties to review Section VIII of the Case Management Plan [Dkt. 26] for an outline of the pre-trial preparation that must be completed by October 24, 2013 and October 31, 2013. The following claims remain for trial: Ellerman's quantum meruit claim and MLE's counterclaims of breach of contract, breach of the implied covenant of good faith and fair dealing, negligence and quantum meruit. The Court ORDERS Ellerman to notify the Court within seven days of the date of this Order whether it plans to pursue the quantum meruit claim at trial. Signed by Magistrate Judge Denise K. LaRue on 10/16/2013. (JD)
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