FCCI Insurance Company v. Nicholas County Library

Justia Dockets & Filings Sixth Circuit Kentucky Eastern District FCCI Insurance Company v. Nicholas County Library

FCCI Insurance Company v. Nicholas County Library

Plaintiff:	FCCI Insurance Company
Defendant:	Nicholas County Library
Case Number:	5:2018cv00038
Filed:	January 31, 2018
Court:	US District Court for the Eastern District of Kentucky
Office:	Lexington Office
County:	XX US, Outside State
Presiding Judge:	Joseph M. Hood
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 2201
Jury Demanded By:	None

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Date Filed	Document Text
March 15, 2019	Filing 31 MEMORANDUM OPINION & ORDER: (1) Plaintiff's 28 MOTION for Leave to File a supplemental brief is GRANTED; (2) Defendant's 11 MOTION to Dismiss and MOTION to Compel is construed as a motion for summary judgment; (3 ) Defendant's 11 Motion for summary judgment is GRANTED; (4) Summary judgment is granted in favor of Nicholas Co. Library in the narrow sense that the complete incorporation of the construction contract into the performance bond requires FCCI to submit its claims to the arbitrator for the threshold determinations on jurisdiction; (5) This action is DISMISSED WITHOUT PREJUDICE; and (6) Judgment consistent with this opinion will be entered contemporaneously herewith. Signed by Judge Joseph M. Hood on 3/15/2019.(JJ)cc: COR
March 5, 2019	Filing 27 MEMORANDUM OPINION & ORDER: DENYING FCCI Insurance Company's 20 MOTION for Temporary Restraining Order or Preliminary Injunction. Signed by Judge Joseph M. Hood on 3/5/19.(KJR)cc: COR

Date Filed

Document Text

March 15, 2019

Filing 31 MEMORANDUM OPINION & ORDER: (1) Plaintiff's 28 MOTION for Leave to File a supplemental brief is GRANTED; (2) Defendant's 11 MOTION to Dismiss and MOTION to Compel is construed as a motion for summary judgment; (3 ) Defendant's 11 Motion for summary judgment is GRANTED; (4) Summary judgment is granted in favor of Nicholas Co. Library in the narrow sense that the complete incorporation of the construction contract into the performance bond requires FCCI to submit its claims to the arbitrator for the threshold determinations on jurisdiction; (5) This action is DISMISSED WITHOUT PREJUDICE; and (6) Judgment consistent with this opinion will be entered contemporaneously herewith. Signed by Judge Joseph M. Hood on 3/15/2019.(JJ)cc: COR

March 5, 2019

Filing 27 MEMORANDUM OPINION & ORDER: DENYING FCCI Insurance Company's 20 MOTION for Temporary Restraining Order or Preliminary Injunction. Signed by Judge Joseph M. Hood on 3/5/19.(KJR)cc: COR

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Plaintiff: FCCI Insurance Company
Represented By:	Phillip G. Alber
Represented By:	Wendell Lloyd Jones
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Defendant: Nicholas County Library
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