URSA MAJOR UNDERGROUND LLC v. LIBERTY MUTUAL INSURANCE COMPANY et al, No. 1:2014cv00162 - Document 60 (D. Me. 2016)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 53 Report and Recommendations for 38 Motion for Summary Judgment filed by URSA MAJOR UNDERGROUND LLC, UTILITY SERVICES AUTHORITY LLC. By JUDGE D. BROCK HORNBY. (mnw)
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URSA MAJOR UNDERGROUND LLC v. LIBERTY MUTUAL INSURANCE COMPANY et al Doc. 60 UNITED STATES DISTRICT COURT DISTRICT OF MAINE URSA MAJOR UNDERGROUND, LLC, ) ) PLAINTIFF ) ) ) V. ) LIBERTY MUTUAL INSURANCE ) COMPANY AND SCHMID PIPELINE ) CONSTRUCTION, INC., ) ) DEFENDANTS ) ______________________________________ ) UTILITY SERVICES AUTHORITY, ) ) LLC, ) ) PLAINTIFF ) ) V. ) LIBERTY MUTUAL INSURANCE ) COMPANY AND SCHMID PIPELINE ) CONSTRUCTION, INC., ) ) ) DEFENDANTS CIVIL NO. 1:14-CV-162-DBH CONSOL. W/1:14-CV-328-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On November 19, 2015, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on Plaintiffs’ Motion for Summary Judgment. Objections to the Recommended Decision were filed by both the plaintiffs and defendants on December 7, 2015. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Dockets.Justia.com Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The plaintiffs’ motion for summary judgment is GRANTED IN PART. IN PART AND DENIED The plaintiffs are entitled to payment of their outstanding invoices without further delay (Counts I, II and III). The motion is DENIED with respect to the plaintiffs’ claim for additional remedies under Maine’s Prompt Payment Act (Count IV). In light of the reported settlement between the general contractor and the owner, the defendants shall NOTIFY the court by January 15, 2016, what if anything remains on the counterclaims. SO ORDERED. DATED THIS 4TH DAY OF JANUARY, 2016 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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