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Southeastern Pennsylvania Transportation Authority v. AECOM USA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


November 19, 2010

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY
v.
AECOM USA, INC.
v.
UCI, INC., ET AL.

The opinion of the court was delivered by: Thomas N. O'neill, Jr., J.

ORDER

AND NOW, this 19th day of November, 2010, after consideration of UCI, Inc.'s motion to dismiss the third party complaint (Doc. No. 20); AECOM USA Inc.'s response (Doc. No. 27); UCI's reply (Doc. No. 28); AECOM's sur reply (Doc. No. 33); and supplemental briefing by both parties (Doc. Nos. 64, 65 & 68), it is ORDERED that UCI's motion to dismiss is DENIED.

After consideration of UCI's motion to dismiss Chilton Engineering Inc.'s cross-claim (Doc. No. 37) and Chilton's response thereto (Doc. No. 45), it is FURTHER ORDERED that UCI's motion to dismiss is GRANTED IN PART and DENIED IN PART. UCI's motion is GRANTED insofar as Chilton's cross-claim alleges a claim for indemnity. The indemnity claim is DISMISSED WITHOUT PREJUDICE. UCI's motion is DENIED insofar as Chilton's cross-claim alleges a claim for contribution.

After consideration of UCI's motion to dismiss Ang Associates, Inc.'s cross-claim (Doc. No. 38) and Ang's response thereto (Doc. No. 43), it is FURTHER ORDERED that UCI's motion to dismiss is GRANTED IN PART and DENIED IN PART. UCI's motion is GRANTED insofar as Ang's cross-claim alleges a claim for indemnity. The indemnity claim is DISMISSED WITHOUT PREJUDICE. UCI's motion is DENIED insofar as Ang's cross-claim alleges a claim for contribution.

After consideration of UCI's motion to dismiss Gannett Fleming, Inc.'s cross-claim (Doc. No. 52) and Gannett Fleming's response thereto (Doc. No. 61), it is FURTHER ORDERED that UCI's motion to dismiss is GRANTED IN PART and DENIED IN PART. UCI's motion is GRANTED insofar as Gannet Fleming's cross-claim alleges a claim for indemnity. The indemnity claim is DISMISSED WITHOUT PREJUDICE. UCI's motion is DENIED insofar as Gannett Fleming's cross-claim alleges a claim for contribution.

The parties are directed to confer and to attempt to agree on a schedule for the case. If they cannot agree a Rule 16 conference will be scheduled.

20101119

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