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Wise Invs. Inc. v. Bracy Contr., Inc.

Wise Invs. Inc. v. Bracy Contr., Inc.

United States District Court for the Eastern District of Pennsylvania

October 17, 2002, Decided ; October 18, 2002, Filed, Entered

Civ. No. 01-3458

Opinion

 [*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

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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.

CORE TERMS

notice, surety, terms, summary judgment, construction contract, obligations, insurance company, substantial completion, parties, summary judgment motion, Contingency, deposition, performance bond, Contracting, obligee, argues, clinic, retaining wall, interrogatories, costs, liquidated damages, contractor, default, judicial estoppel, alleged default, material fact, Memorandum, contradict, non-moving, concrete

Civil Procedure, Diversity Jurisdiction, Citizenship, Business Entities, Amount in Controversy, General Overview, Jurisdiction, Subject Matter Jurisdiction, Jurisdiction Over Actions, Summary Judgment, Supporting Materials, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Opposing Materials, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Motions for Summary Judgment, Preliminary Considerations, Federal & State Interrelationships, Erie Doctrine, Preclusion of Judgments, Estoppel, Collateral Estoppel, Judgments, Contracts Law, Contract Interpretation, Ambiguities & Contra Proferentem, Defenses, Ambiguities & Mistakes, Business & Corporate Compliance, Contracts Law, Types of Contracts, Guaranty Contracts, Covenants, Timing of Motions & Responses, Appropriateness, Insurance Law, Liability & Performance Standards, Notice to Insurers, Conditions Precedent, Prejudice to Insurers, Property Insurance, Obligations, Notice Requirements, Notice Requirement, Affidavits, Judicial Estoppel, Discovery, Methods of Discovery, Criminal Law & Procedure, Trials, Examination of Witnesses, Transmitted & Videotaped Testimony