Black & Veatch Corp. v. Modesto Irrigation District
Opinion
Opinion
O'Neill, J.
ORDER ON MOTION TO DISMISS OR IN THE ALTERNATIVE MOTION TO STRIKE THIRD PARTY PLAINTIFF COMPLAINT (DOCS 38, 40)
I. INTRODUCTION.
Counter-Claimant and Third-Party Plaintiff, Modesto Irrigation District (“MID”) filed its Third-Party Complaint in Interpleader (“Interpleader Complaint”), naming as Defendants, Western Summit Constructors, Inc. (“Western”), Big B Construction, Inc. (“BBC”) and three surety companies. Western and BBC bring this motion to dismiss MID’s Interpleader Complaint. Both Western and BBC make similar arguments, contending that many of the claims in the Complaint are not properly pled, not based on a cognizable legal theory and/or are redundant of other claims.
II. PROCEDURAL HISTORY.
On April 29, 2011, plaintiff, Black & Veatch Corporation (“B & V”) filed its complaint against MID for claims relating to additional services that B & V provided as a result of MID’s, Western’s and/or BBC’s allegedly deficient work and delay. ECF No. 1. MID counter-claimed on July 25,2011. ECF No. 17.
On August 8, 2011, MID filed its Inter-pleader Complaint against, inter alia, Western and BBC. The relevant causes of action against Western and BBC are: (1) express contractual…