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United States District Court for the Eastern District of Pennsylvania
October 17, 2002, Decided ; October 18, 2002, Filed, Entered
Civ. No. 01-3458
[*392] OPINION AND ORDER
Van Antwerpen, J.
October 17, 2002
Defendant National Fire Insurance Company of Hartford ("National Fire") moves for summary judgment pursuant to Fed.R.Civ.P. 56, against Wise Investments, Inc. ("Wise"), in an action to recover on a performance bond on which National Fire is named as the surety. Wise's claim under the bond arises from the disputed performance of a contract between itself, as owner, and Bracy Contracting, Inc. ("Bracy"), as general contractor, to build an outpatient clinic in Allentown, Pennsylvania for the Department of Veterans Affairs (the "VA"). In reaching our decision, we consider Defendant National Fire Insurance Company of Hartford's Motion for Summary Judgment, filed September 13, 2002, Plaintiff Wise Investments, Inc.'s Memorandum of Law in Opposition to Defendant National Fire Insurance Company of Hartford's Motion for Summary Judgment, filed September 25, 2002, and Defendant's Reply Memorandum thereto, filed October 3, 2002. Because [**2] disputed issues of material of fact remain as to whether Bracy, Wise, or both failed to fulfill their obligations under the contract, we deny National Fire's Motion for Summary Judgment in part, and grant the motion in part as set forth below.
I. STATEMENT OF JURISDICTION
] We have original subject matter jurisdiction over claims between citizens of different states in which the monetary amount in dispute is greater than $ 75,000 under 28 U.S.C. § 1332. Plaintiff Wise Investments, Inc. is incorporated in the state of Nevada and has its principal place of business in Colorado. Defendant Bracy Contracting, Inc. is incorporated in Pennsylvania and has its principal place of business in Allentown, Pennsylvania. Defendant National Fire Insurance Company of Hartford is incorporated in Connecticut and has its principal place of business in Illinois. Wise Investments seeks damages from each defendant well in excess of the statutory minimum. As there is complete diversity between the parties and the amount in controversy exceeds $ 75,000, this court has jurisdiction to hear Plaintiff's complaint.
II. STANDARD OF REVIEW
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
232 F. Supp. 2d 390 *; 2002 U.S. Dist. LEXIS 19963 **
WISE INVESTMENTS, INC., Plaintiff, v. BRACY CONTRACTING, INC. and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants.
Disposition: National Fire's Motion for Summary Judgment was denied in part and granted in part.
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