Krol et al v. Arch Insurance Company
||Arch Insurance Company
||Henry K. Krol and The United States General Building Services Administration
||January 18, 2013
||New York Southern District Court
||Foley Square Office
||Richard J. Sullivan
|Nature of Suit:
|Cause of Action:
||28:1331 Fed. Question
|Jury Demanded By:
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|September 11, 2014
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)
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.