Wales et al v. Farmers Stockyards, Inc., No. 5:2014cv00394 - Document 174 (E.D. Ky. 2016)
Court Description: MEMORANDUM OPINION & ORDER: 1. Abner construction Company is ordered to file a motion for summary judgment on the issue of Farmers Stockyard's claim for indemnification by no later than 4/4/16. 2. Farmers Stockyard shall file a response no later than 4/6/16. 3. Abner Construction Company shall file a reply by no later than 4/8/16. 4. Abner Construction Company's Motion 170 for clarification is DENIED as de trop. Signed by Judge Joseph M. Hood on 4/1/2016.(LC)cc: COR
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Wales et al v. Farmers Stockyards, Inc. Doc. 174 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON ANTHONY WALES, SR. and TONYA WALES, Individually and as parents & guardians of an unmarried infant, Next Friend A.W., Jr., Plaintiffs, v. FARMERS STOCKYARDS, INC., et al. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Action No. 5:14-cv-394-JMH MEMORANDUM OPINION AND ORDER Defendants. *** *** *** This matter is before the Court upon Abner Construction Company’s motion for clarification of the Court’s ruling on it motion for summary judgment with respect to the issue of common law negligence, [DE 170]. Specifically, Abner requests a statement that the court’s ruling of March 28, 2016, is dispositive as to all claims against Abner Construction. Although that is true as to those claims raised by the plaintiffs, the ruling at issue specifically did not address Farmers Stockyard, Inc.’s claim for indemnification. Abner Construction Company now contends that the Court’s ruling should have included Farmers Stockyard, Inc.’s claim for indemnification. However, since Abner Construction Company never moved for summary judgment on that issue, the Court is at loss as Dockets.Justia.com to its authority for making a ruling sua sponte on the matter. No further clarification is necessary. Although summary Abner judgment Construction on Farmers Company Stockyard, may be entitled to claim for Inc.’s indemnification based on the Court’s prior rulings in this case, Farmers Stockyard, Inc. is entitled to have its say on the matter. Accordingly, IT IS ORDERED herein as follows: (1) That Abner Construction Company file a motion for summary judgment on the issue of Farmers Stockyard, Inc.’s claim for indemnification by no later than April 4, 2016. (2) That Farmers Stockyard, Inc. shall file a response by no later than April 6, 2016. (3) That Abner Construction Company file a reply by no later than April 8, 2016. (4) That Abner Construction Company’s motion for clarification be, and the same hereby is, DENIED as de trop. This the 1st day of April, 2016. 2
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