M.E.S., Inc. v. Safeco Ins. Co. of Am., Liberty Mut. Ins. Co., S.A. Comunale Co. Inc.
Opinion of the Court
Plaintiffs-appellants M.E.S., Inc. ("MES"), M.C.E.S., Inc., and George Makhoul (collectively, "Plaintiffs") appeal the district court's August 25, 2017 judgment dismissing all claims in the Second Amended Complaint against defendants-appellees Safeco Insurance Company of America, Ronald Goetsch, David Pikulin, and Caryn Mohan-Maxfield (collectively, "Safeco"); Liberty Mutual Insurance Company ("Liberty Mutual"); and S.A. Comunale Co. Inc. ("Comunale"). We assume the parties' familiarity with the underlying facts, procedural history, and issues on appeal.
This case arises from three construction projects undertaken by the United States Army Corps of Engineers (the "Corps") between 2003 and 2006. The Corps hired MES as the general contractor on two of the projects and Hirani/MES, JV (the "Joint Venture") as the general contractor on the third.
In 2008, the Corps issued Cure Notices for each project, notifying MES and the Joint Venture of their respective failures and requiring them to cure all failures within 14 days. The Corps subsequently terminated each contract for default and made a bond demand on Safeco to complete *707the remaining work for each project. Safeco incurred losses in responding to the Corp's bond demands and performing its attendant obligations.
Safeco and MES brought separate actions in the United States District Court for the Eastern District of New York related to the three construction projects. In its June 16, 2015 Minute Order, the district court dismissed Plaintiffs' claims based on the third project for lack of standing, reasoning that MES had not shown that it was a third-party beneficiary of the contract in question. On September 3, 2015, the district court granted the parties leave to file cross summary-judgment motions in both cases. The district court decided these motions in a detailed 76-page memorandum and order under captions for both cases, and entered separate judgments for each case. This appeal concerns only the action initiated by MES.
The district court dismissed Plaintiffs' claims arising from the third project for lack of standing. We have some doubt as to whether this decision was correct,
CONCLUSION
We have considered MES's remaining arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court. Defendants-appellees have not requested sanctions for MES's numerous arguments lacking a basis in law or fact. We, however, sua sponte award Safeco double costs.
The Joint Venture is listed in the captions in the district court's memorandum and order, but not in the judgment or notice of appeal. Plaintiffs' brief on appeal does not indicate that it was submitted on behalf of the Joint Venture, nor has a separate brief been filed on its behalf.
The judgment in this case dismisses claims in the Second Amended Complaint and does not address any other claims. There is an appeal pending in the action initiated by Safeco, No. 18-2672.
The record does not indicate whether the Joint Venture is a separate legal entity or whether it was operating through the two joint venturers. See, e.g. , Geneva Pharm. Tech. Corp. v. Barr Labs. Inc. ,
Reference
- Full Case Name
- M.E.S., INC., M.C.E.S., Inc., and George Makhoul v. SAFECO INSURANCE COMPANY OF AMERICA, Liberty Mutual Insurance Company, S.A. Comunale Co. Inc., Ronald Goetsch, David Pikulin, and Caryn Mohan-Maxfield
- Cited By
- 27 cases
- Status
- Published