Baker Concrete Constr., Inc. v. Kiewit Bldg. Grp. Inc.

Full title: BAKER CONCRETE CONSTRUCTION, INC., an Ohio corporation; and EDGE CONCRETE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 9, 2013

Civil Action No. 12-cv-01382-MSK-BNB (D. Colo. Apr. 9, 2013)

Opinion

Civil Action No. 12-cv-01382-MSK-BNB

04-09-2013

BAKER CONCRETE CONSTRUCTION, INC., an Ohio corporation; and EDGE CONCRETE CONSTRUCTION, LLC, a Washington State limited liability company, Plaintiffs, v. KIEWIT BUILDING GROUP INC., a Delaware corporation; DENVER ZOOLOGICAL FOUNDATION, INC., a Colorado corporation; and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Defendants, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation; GILBERT CONTRACTING, INC., a Colorado corporation; HEATING AND PLUMBING ENGINEERS, INC., a Colorado corporation; INSURANCE COMPANY OF THE WEST, a California corporation; INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey corporation; LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation; and WESTERN SURETY COMPANY, a South Dakota corporation, Third-Party Defendants.

Marcia S. Krieger

Honorable Marcia S. Krieger

ORDER RE: STIPULATED MOTION TO DISMISS CERTAIN CLAIMS and THIRD

PARTY DEFENDANT INSURANCE COMPANY OF THE WEST

This matter coming on before the Court pursuant to the Stipulated Motion of Co-Plaintiff Edge Concrete Construction, LLC, Defendant/Third Party Plaintiff Kiewit Building Group, Inc., Defendant Denver Zoological Foundation, Inc., Defendant Travelers Casualty and Surety Company of America ("TCSCA") and Third-Party Defendant Insurance Company of the West ("ICW") to dismiss certain claims and all claims against ICW, and the Court being advised in the premises it is hereby ORDERED that:

1. Plaintiff Edge Concrete Construction, LLC's Third Amended Complaint against the Defendants Kiewit Building Group, Inc. and Travelers Casualty and Surety Company of America is dismissed with prejudice;
2. Defendant Kiewit Building Group, Inc.'s cross-claim against the Defendant Denver Zoological Foundation, Inc. is dismissed with prejudice to the extent that it is founded on the Plaintiff Edge Concrete Construction, LLC claims against Kiewit Building Group, Inc., but otherwise the said cross-claim remains as pled;
3. Defendant Kiewit Building Group, Inc.'s Third-Party claims against Third-Party Defendant Insurance Company of the West are dismissed without prejudice.

BY THE COURT:

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Marcia S. Krieger

Chief United States District Judge