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Central Contracting, Inc. v. Kenny Construction Co et al
March 12, 2012
CENTRAL CONTRACTING, INC.
KENNY CONSTRUCTION CO ET AL
Name of Assigned Judge or Magistrate Judge Amy J. St. Eve Sitting Judge if Other than Assigned Judge
The Court denies Kenny's Rule 56(a) motion for partial summary judgment [R. 32] without prejudice and grants Central's Rule 56(d) motion .
O[ For further details see text below.] Notices mailed by Judicial staff.
Before the Court is Defendant/Counter-Plaintiff Kenny Construction Company's ("Kenny") Motion for Partial Summary Judgment pursuant to Federal Rule of Civil Procedure ("Rule") 56 on Counts I and III of Central's Amended Complaint and Counts I-III of Kenny's Counterclaim. In response, Plaintiff/Counter-Defendant Central Contracting, Inc.'s ("Central") filed a Rule 56(d) motion, to which Kenny filed a written response.*fn1 Because Kenny's motion is premature, the Court denies it without prejudice to refile after the close of discovery. The Court grants Central's Rule 56(d) motion.
Central filed its Complaint and Amended Complaint against Kenny and
Trans-Allegheny Interstate Line Company ("TrailCo") in September 2011
in the Circuit Court of Monongalia County, West Virginia, asserting
claims for breach of contract, enforcement of mechanic's lien, and
unjust enrichment. (R. 3-1, Compl. and Am. Compl.) On October 7, 2011,
Kenny removed the case to the United States District Court for the
Northern District of West Virginia based on diversity of the parties.
(R. 3, Notice of Removal.) On December 23, 2011, the United States
District Court for the Northern District of West Virginia granted
Kenny's motion to transfer in part and transferred Counts I and III
(breach of contract and unjust enrichment) to this Court.*fn2
(R. 13, Order.) Kenny and TrailCo filed their Answers to
Central's Complaint on January 17, 2012 and January 18, 2012,
respectively. (R. 28-29, Answers.) Kenny also filed a Counterclaim
against Central on January 17, 2012, asserting causes of action for
declaratory judgment, breach of contract, unjust enrichment, and an
accounting. (R. 28 at 8-17, Counterclaim.) The parties have not yet
exchanged Rule 26(a)(1) disclosures, and no discovery has taken
II. Factual Background*fn3
A. Central's claims against Kenny
This dispute arises out of a Subcontract Agreement ("Subcontract") into which Central and Kenny entered on September 22, 2007. (R. 28, Kenny's Answer ¶ 11.) The Subcontract was in furtherance of a contract between Kenny and TrailCo (the "Alliance Agreement"). (Id. ¶ 12.) Pursuant to the Subcontract, Kenny performed access road construction services in connection with the Trans-Allegheny Interstate Line Company 500kV Transmission Project. (Id. ¶ 11; R. 31, Central's Answer to Kenny's Counterclaims ¶ 10.) Central alleges that Kenny breached the Subcontract by failing and refusing to pay $5,723,852.80 that Kenny owed Central under the ...
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