BILL GOODWIN CONSTRUCTION, LLC v. WONDRA CONSTRUCTION, INC.

No. 3:13cv157.

BILL GOODWIN CONSTRUCTION, LLC, Plaintiff, v. WONDRA CONSTRUCTION, INC.; RENEWABLE ENERGY SYSTEMS AMERICAS, INC.; RENEWABLE CONSTRUCTION; RES AMERICAN CONSTRUCTION COMPANY, INC.; MEHOOPANY WIND ENERGY, LLC; BP WIND ENERGY NORTH AMERICA, INC.; SEMPRA U.S. GAS & POWER; ZURICH AMERICAN INSURANCE COMPANY and FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendants.

United States District Court, M.D. Pennsylvania.

April 10, 2014.


Attorney(s) appearing for the Case

Bill Goodwin Construction, LLC, Plaintiff, represented by Joseph Robert Rydzewski, Spall, Rydzewski & Anderson, P.C., Joel M Wolff, Elliott Greenleaf & Siedzikowski, P.C., John G. Dean, Elliott Greenleaf & Dean & Matthew G. Boyd, Elliott, Greenleaf & Dean.

Wondra Construction, Inc., Defendant, represented by Paul J. LaBelle, Law Offices of Paul J. LaBelle & Emily B. Thomas, Reed Smith LLP.

Renewable Energy Systems Americas, Inc., Defendant, represented by Emily B. Thomas, Reed Smith LLP, Paul J. LaBelle, Law Offices of Paul J. LaBelle & Robert M Jochen, Reed Smith LLP.

Renewable Construction, Inc., Defendant, represented by Emily B. Thomas, Reed Smith LLP, Paul J. LaBelle, Law Offices of Paul J. LaBelle & Robert M Jochen, Reed Smith LLP.

RES American Construction Company, Inc., Defendant, represented by Emily B. Thomas, Reed Smith LLP, Paul J. LaBelle, Law Offices of Paul J. LaBelle & Robert M Jochen, Reed Smith LLP.

Mehoopany Wind Energy, LLC, Defendant, represented by Jeffrey J. Malak, Emily B. Thomas, Reed Smith LLP & Paul J. LaBelle, Law Offices of Paul J. LaBelle.

Zurich American Insurance Company, Defendant, represented by William T. Finnegan, Jr., Pugliese, Finnegan & Shaffer LLC, Emily B. Thomas, Reed Smith LLP & Paul J. LaBelle, Law Offices of Paul J. LaBelle.

Fidelity and Deposit Company of Maryland, Defendant, represented by William T. Finnegan, Jr., Pugliese, Finnegan & Shaffer LLC, Emily B. Thomas, Reed Smith LLP & Paul J. LaBelle, Law Offices of Paul J. LaBelle.


MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court are defendants' motions to dismiss (Docs. 56, 58 & 62) and strike (Docs. 54, 59) pursuant to Federal Rules of Civil Procedure 12.1 The motions are fully briefed and ripe for disposition.

Background

This case arises from a dispute over oral construction contracts pertaining to the construction of a wind farm (hereinafter the...

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