RAI INDUSTRIAL FABRICATORS, LLC v. FEDERAL INSURANCE COMPANY

Case No. 5:16-cv-03674-EJD.

RAI INDUSTRIAL FABRICATORS, LLC, et al., Plaintiffs, v. FEDERAL INSURANCE COMPANY, SAUER, INC., and CONCEPT STEEL, INC., Defendants. SAUER, INC., Counter-Claimant, v. RAI INDUSTRIAL FABRICATORS, LLC, and AGATE STEEL, INC., Counter-Defendants.

United States District Court, N.D. California, San Jose Division.

August 25, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1352
Cause: 28 U.S.C. § 1352 Miller Act
Nature of Suit: 130 Miller Act
Source: PACER


Attorney(s) appearing for the Case

Rai Industrial Fabricators, LLC, Plaintiff, represented by David McCambridge Fox, Downey Brand LLP.

Rai Industrial Fabricators, LLC, Plaintiff, represented by Matthew Joseph Weber, Attorney at Law.

United States of America, Plaintiff, represented by Matthew Joseph Weber, Attorney at Law.

Federal Insurance Company, Defendant, represented by Andrea Lynn Petray, Finch Thornton and Baird LLP, Christopher D.F. Foster, Finch, Thornton & Baird, LLP & Phillip Randolph Finch, Jr., Finch, Thornton & Baird LLP.

Sauer, Inc., Defendant, represented by Andrea Lynn Petray, Finch Thornton and Baird LLP, Christopher D.F. Foster, LEAD ATTORNEY & Phillip Randolph Finch, Jr., Finch, Thornton & Baird LLP.

Concept Steel, Inc., Defendant, represented by Timothy Gordon Scanlon, Klein DeNatale Goldner Cooper Rosenlief & Kimball, LLP.

Rai Industrial Fabricators, LLC, Counter-defendant, represented by David McCambridge Fox, Downey Brand LLP & Matthew Joseph Weber, Attorney at Law.

Sauer, Inc., Counter-claimant, represented by Andrea Lynn Petray, Finch Thornton and Baird LLP, Christopher D.F. Foster, Finch, Thornton & Baird, LLP & Phillip Randolph Finch, Jr., Finch, Thornton & Baird LLP.

Agate Steel, Inc., Counter-defendant, represented by Robert O. Dyer, Robert O. Dyer, Esq., pro hac vice & Wayne Brian Ducharme, Ducharme Law Firm.

Agate Steel, Inc., Cross-claimant, represented by Robert O. Dyer, Robert O. Dyer, Esq., pro hac vice & Wayne Brian Ducharme, Ducharme Law Firm.

Federal Insurance Company, Cross-defendant, represented by Andrea Lynn Petray, Finch Thornton and Baird LLP, Christopher D.F. Foster, Finch, Thornton & Baird, LLP & Phillip Randolph Finch, Jr., Finch, Thornton & Baird LLP.

Rai Industrial Fabricators, LLC, Cross-defendant, represented by David McCambridge Fox, Downey Brand LLP & Matthew Joseph Weber, Attorney at Law.

Agate Steel, Inc., Counter-claimant, represented by Robert O. Dyer, Robert O. Dyer, Esq., pro hac vice & Wayne Brian Ducharme, Ducharme Law Firm.

Sauer, Inc., Counter-defendant, represented by Andrea Lynn Petray, Finch Thornton and Baird LLP, Christopher D.F. Foster, Finch, Thornton & Baird, LLP & Phillip Randolph Finch, Jr., Finch, Thornton & Baird LLP.


ORDER GRANTING SAUER'S MOTION TO DISMISS AGATE'S SECOND AND FOURTH COUNTERCLAIMS WITH LEAVE TO AMEND; GRANTING CONCEPT STEEL'S MOTION TO DISMISS WITH LEAVE TO AMEND; SETTING CASE MANAGEMENT CONFERENCE

Re: Dkt. Nos. 30, 43

I. INTRODUCTION

This lawsuit arises out of the construction of...

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