PG&E Corporation v. AECOM Technical Services, Inc..

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JH KELLY, LLC, Case No. 20-cv-05381-HSG

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS JH KELLY, LLC’S SECOND

AMENDED COMPLAINT

AECOM TECHNICAL SERVICES, INC.., et al., Re: Dkt. No. 98 11 Defendants. 12 Before the Court is Defendant and Counter-Claimant AECOM Technical Services, Inc.’s (“AECOM”) motion to dismiss certain claims in JH Kelly LLC’s (“JH Kelly”) Second Amended Complaint. Dkt. No. 98 (“Mot.”). The motion is fully briefed. See Dkt. Nos. 105 (“Opp.”) and 110 (“Reply”). The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the following reasons, the motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND This construction dispute arises out of the Burney K2 Replacement Project (“Project”), which involved the replacement of a natural gas compressor unit and…