Pierce Associates, Inc. et al v. ST. Paul Fire and Marine Insurance Company et al

District of Columbia, dcd-1:2004-cv-01906

*** VACATED by {{38}} order on motion for reconsideration. ORDER denying {{22}} St. Paul Mercury Insurance Company's Motion for Partial Summary Judgment, granting {{24}} Pierce Associates' Motion for Partial Summary Judgment, and setting status conference for 9:00 a.m. on April 18, 2006. Signed by Judge John D. Bates on 3/13/2006. (lcjdb2) Modified on 6/14/2006 (lcjdb2).

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PIERCE ASSOCIATES, INC., Plaintiff, v. Civil Action No. 04-1906 (JDB) ST. PAUL MERCURY INSURANCE CO., Defendant. ORDER Upon consideration of the parties' cross-motions for partial summary judgment and the entire record herein, and for the reasons stated in the memorandum opinion issued on this date, it is this 13th day of March, 2006, hereby ORDERED that [22] the motion for partial summary judgment by defendant St. Paul Mercury Insurance Co. ("St. Paul") is DENIED; it is further ORDERED that [24] the motion for partial summary judgment by plaintiff Pierce Associates, Inc. ("Pierce"), is GRANTED; it is further ORDERED that judgment is entered in favor of Pierce on the issue of St. Paul's liability to Pierce for breach of contract; and it is further ORDERED that the parties shall appear for a status conference with the Court at 9:00 a.m. on April 18, 2006. /s/ John D. Bates JOHN D. BATES United States District Judge -1- Copies to: Barry Jay Fleishman Kristi Singleton DICKSTEIN, SHAPIRO, MORIN & OSHINSKY, L.L.P. 2101 L Street, NW Washington, DC 20037-1526 Email: singletonk@dsmo.com Counsel for plaintiff Pierce Associates, Inc. Walter Joseph Andrews Ruth S. Kochenderfer HUNTON & WILLIAMS LLP 1751 Pinnacle Drive, Suite 1700 McLean, VA 22102 Email: wandrews@hunton.com Counsel for defendant St. Paul Mercury Insurance Co. -2-