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United States v. Centerre Government Contracting Group, LLC

United States District Court, D. Colorado

March 24, 2014

UNITED STATES OF AMERICA, for the use and benefit of DARO TECH, LTD, a Colorado corporation, Plaintiffs,
v.
CENTERRE GOVERNMENT CONTRACTING GROUP, LLC, a Colorado limited liability company, BERKLEY REGIONAL INSURANCE COMPANY, a Delaware corporation, KIEWIT BUILDING GROUP, INC., a Delaware corporation, TURNER CONSTRUCTION COMPANY, a New York corporation, KIEWIT-TURNER A JOINT VENTURE, a joint venture doing business in Colorado, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, FEDERAL INSURANCE COMPANY, a New Jersey corporation, FIDELITY AND DEPOSIT COMPANY OF MARYLAND/ZURICH AMERICAN INSURANCE COMPANY, an Illinois corporation, LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, and THE CONTINENTAL INSURANCE COMPANY, an Illinois corporation, Defendants.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT E. BLACKBURN, District Judge.

The matter before me is the Recommendation of United States Magistrate Judge [#95], [1] filed March 3, 2014. No objection having been timely filed to the recommendation, [2] I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That Recommendation of United States Magistrate Judge [#95], filed March 3, 2014, is APPROVED AND ADOPTED as an order of this court;

2. That Turner Construction Company's Motion To Dismiss [#37], filed August 23, 2013, is GRANTED, and all putative claims against this defendant are DISMISSED WITHOUT PREJUDICE;

3. That Kiewit Building Group's Motion To Dismiss [#68], filed September 20, 2013, is GRANTED and all putative claims against this defendant are DISMISSED WITHOUT PREJUDICE;

4. That Kiewit-Turner's Motion To Dismiss Second and Fourth Claims for Relief Against Kiewit-Turner, or, in the Alternative, Motion To Stay [#30], filed August 23, 2013, is DENIED;

5. That Kiewit-Turner Sureties' Motion To Dismiss Plaintiff's Second and Fourth Claims for Relief, or, in the Alternative, Motion To Stay [#33], filed August 23, 2013, is DENIED;

6. That Defendant Centerre Government Contracting Group, LLC's Motion To Dismiss Plaintiff's First, Third, Fifth, Sixth and Seventh Claims for Relief or, in the Alternative, Motion To Stay the Proceedings [#51], filed September 10, 2013, is GRANTED IN PART and DENIED IN PART as follows:

a. That the motion is GRANTED with respect to plaintiff's First Claim for Relief under the Miller Act, and that claim is DISMISSED WITHOUT PREJUDICE for lack of federal subject matter jurisdiction; and
b. That in all other respects, the motion is DENIED;

7. That Defendant Berkley Regional Insurance Company's Motion To Dismiss Plaintiff's First and Third Claims for Relief or, in the Alternative, Motion To Stay the Proceedings [#55], filed September 10, 2013, is GRANTED IN PART and DENIED IN PART as follows:

a. That the motion is GRANTED with respect to plaintiff's First Claim for Relief under the Miller Act, and that claim is DISMISSED WITHOUT PREJUDICE for lack of federal subject matter jurisdiction; and
b. That in all other respects, the motion is DENIED;

8. That at the time judgment enters, judgment without prejudice SHALL ENTER as follows:

a. On behalf of defendants, Turner Construction Company, a New York corporation; and Kiewit Building Group, Inc., a Delaware corporation against plaintiff, United States of America for the use and benefit of Daro Tech, Ltd., a Colorado corporation, as to all claims and causes of action asserted against these defendants herein;
b. On behalf of defendants, Centerre Government Contracting Group, LLC, a Colorado limited liability company; and Berkley Regional Insurance Company, a Colorado corporation against plaintiff, United States of America for the use and benefit of Daro Tech, Ltd., a Colorado corporation, as to plaintiff's First Claim for Relief under the Miller Act; and

9. That defendants, Turner Construction Company, a New York corporation, and Kiewit Building Group, Inc., a Delaware corporation, are DROPPED as named parties to this action, and the case caption AMENDED accordingly.


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