Krol et al v. Arch Insurance Company
| Henry K. Krol and The United States General Building Services Administration |
| Arch Insurance Company |
| 1:2013cv00449 |
| January 18, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard J. Sullivan |
| Miller Act |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
38
OPINION AND ORDER re: 24 MOTION to Dismiss filed by Arch Insurance Company, 15 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Henryk Krol. For the reasons set forth above, the Court finds that Krol cannot b ring a section 3 claim because he does not plead that (1) the contracting agency or the DOL made an administrative determination that his employer, Fox, failed to pay prevailing wages, and (2) any withheld funds are insufficient to reimburse him. Th e Court enters judgment on the pleadings in favor of Defendants, but dismisses the case without prejudice, since Krol could conceivably reinstitute this suit once an appropriate administrative determination has been made. Accordingly, IT IS HERE BY ORDERED THAT: (1) Arch's motion is DEEMED to be brought under Rule 12(c) as a motion for judgment on the pleadings and is, so deemed, GRANTED; and (2) Krol's class certification motion is DENIED AS MOOT. The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. Nos. 15 and 24 and to close this case. (Signed by Judge Richard J. Sullivan on 9/11/2014) (mro)
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