Northbank Civil & Marine v. Ed Boland Construction
Northbank Civil & Marine, LLC |
Ed Boland Construction, INC |
4:2015cv00038 |
May 6, 2015 |
US District Court for the District of Montana |
Great Falls Office |
CASCADE |
Brian Morris |
Other Contract |
28 U.S.C. ยง 1332 |
Plaintiff |
Available Case Documents
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Document Text |
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Filing 48 ORDER: IT IS ORDERED: 1) Northbank's 24 Motion for Partial Summary Judgment on EBC's seventh defense, negligence of joint tortfeasors, is GRANTED and the defense is DISMISSED; 2) EBC's 31 Motion for a summary judgment order ruling Northbank has been unjustly enriched by obtaining drilling services from EBC without paying for the services is DENIED; 3) Northbanks 24 motion for summary judgment on EBCs counterclaim V, quantum meruit is DENIED; 4) Northbanks 27 motion in limi ne to exclude any allegations by EBC that Northbank had or breached a duty to amend its contract with EBC to a time and materials basis is DENIED; 5) Northbanks 27 motion in limine to limit EBCs damages for breach of contract, if any, to the $ 28,795 amended contract price for work performed, or, in the alternative, to the $37,765 amended Subcontract price is DENIED; 6) Northbanks 24 summary judgment motion on EBCs counterclaim VI, statutory right to payment, is DENIED; 7) EBCs 31 motion for a summary judgment order ruling that Northbank breached the contract by failing to pay EBC for mobilization, tooling, and drilling work is DENIED; 8. Northbanks 24 motion for summary judgment on EBCs third defense, waiver; EBCs counterc laim II, negligent misrepresentation; and EBCs counterclaim IV, fraud, is DENIED; 9) Northbanks 27 motion in limine to exclude evidence that Northbank allowed EBC on site without an approved drilling submittal is DENIED; 10) Northbanks 24 motion for summary judgment on EBCs ninth and tenth defenses is DENIED; 11) Northbanks 27 motion in limine to exclude any allegations or evidence that Northbank had or breached a duty to pursue a changed circumstances or differing site conditions request with the FHA is DENIED; 12) Northbanks 27 motion in limine to exclude evidence that Northbank did not fit steel pipe piles with a cutting or drive shoe for use with EBCs rock auger drilling system is DENIED. Signed by Judge Brian Morris on 10/13/2016. (SLR, ) |
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Plaintiff: Northbank Civil & Marine, LLC | |
Represented By: | Bradford James Brown |
Represented By: | Jeffrey Russel Kuchel |
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Defendant: Ed Boland Construction, INC | |
Represented By: | Michael L. Rausch |
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