Free Order on Motion for Judgment as a Matter of Law - District Court of Delaware - Delaware

Case 1:04-cv-00163-GMS

Document 299

Filed 10/12/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ____________________________________ ) DONALD M. DURKIN CONTRACTING, ) INC., ) ) Plaintiff ) ) v. ) ) CITY OF NEWARK, et al., ) ) Defendants ) ) and ) C.A. No. 04-163 GMS ) CITY OF NEWARK, et al., ) ) Third-Party Plaintiff ) ) v. ) ) DONALD M. DURKIN CONTRACTING, ) INC., AND FEDERAL INSURANCE ) COMPANY, ) ) Third-Party Defendants ) ____________________________________) ORDER WHEREAS, on October 3, 2006, URS Corporation ("URS") filed a motion for judgment as a matter of law (D.I. 273) as to the City of Newark's indemnification and contribution claims against URS; WHEREAS, the court granted URS's motion as to the indemnification issue and reserved judgment on URS's motion as to the contribution issue; WHEREAS, in light of the jury's verdict in favor of URS on the contribution issue, the remaining issue in URS's motion is deemed moot;

Case 1:04-cv-00163-GMS

Document 299

Filed 10/12/2006

Page 2 of 2

WHEREAS, on October 3, 2006, the City of Newark ("City") filed a motion for a directed verdict (D.I. 277); WHEREAS, the court reserved decision on the City's motion and submitted the action to the jury; WHEREAS, the City may renew its motion for a directed verdict pursuant to the provisions of Fed. R. Civ. P. 50(b). WHEREAS, on October 4, 2006, plaintiff Durkin M. Contracting, Inc. ("Durkin") filed a motion for sanctions (D.I. 278) in light of documents produced by the City of Newark after the close of Durkin's case-in-chief; WHEREAS, Durkin requested relief in the form of a default judgment and the court reserved judgment on Durkin's motion; WHEREAS, in light of the jury's verdict in favor of Durkin, the court deems Durkin's motion for sanctions in the form of a default judgment moot.

IT IS HEREBY ORDERED that: 1. URS's motion for judgment as a matter of law (D.I. 273) regarding the remaining contribution issue is DENIED as moot. 2. 3. City of Newark's motion for a directed verdict (D.I. 277) is DENIED as moot. Durkin's motion for sanctions (D.I. 278) is DENIED as moot.

Dated: October 12, 2006

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE

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