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Langan Engineering & Environmental Services Inc.
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Utility | Filed: May 15, 2024 | Entered: May 16, 2024 RMK MERRILL STEVENS , LLC. v. Langan Engineering and Environmental Services, Inc.
Contract: Other | Florida Southern
~Util - Set/Reset Hearings
Set Hearing per DE#87: Telephonic Calendar Call set for 6/26/2024 at 9:30 AM before Judge Darrin P. Gayles. (scn)
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Order | Filed: May 15, 2024 | Entered: May 15, 2024 RMK MERRILL STEVENS , LLC. v. Langan Engineering and Environmental Services, Inc.
Contract: Other | Florida Southern
Order on Motion for Summary Judgment Order on Motion for Partial Summary Judgment
PAPERLESS ORDER granting, in part, and denying, in part, 60 Langan Engineering and Environmental Services, Inc.'s Amended Motion for Summary Judgment (the "Motion"). As there are disputed issues of material fact regarding disclosure of the underground utilities, the Motion is denied as to the contract's "hold harmless" provisions. See Fed. R. Civ. P. 56(a) (summary judgment is only proper when "the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law"); Tolan v. Cotton, 572 U.S. 650, 65657 (2014). However, the Motion is granted as to the contract's limitation on liability and waiver of consequential damages provisions. See [ECF No. 8-1 paras. J, K]. As the Court finds these provisions to be clear and unambiguous and that the parties had equal bargaining power, any damages recovered by Plaintiff shall be limited to $100,000.00 for non-consequential and non-special damages. Equity Lifestyle Properties, Inc. v. Fla. Mowing And Landscape Serv., Inc., 556 F.3d 1232, 1242 (11th Cir. 2009) ("In interpreting a contract under Florida law, we give effect to the plain language of contracts when that language is clear and unambiguous.") (internal quotation and citation omitted). Signed by Judge Darrin P. Gayles on 5/15/2024. (bs00)
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Order | Filed: May 15, 2024 | Entered: May 15, 2024 RMK MERRILL STEVENS , LLC. v. Langan Engineering and Environmental Services, Inc.
Contract: Other | Florida Southern
Order Setting/Resetting/Cancelling Hearing
PAPERLESS ORDER. This matter shall be specially set for a three-day bench trial beginning on Monday, July 8, 2024 at 9:30 AM in the Miami Division before Judge Darrin P. Gayles at the Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Courtroom 11-1, 11th floor, Miami, Florida. A Telephonic Calendar Call is set for Wednesday, June 26, 2024 at 9:30 AM. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271#. Please dial in at least ten minutes before the Telephonic Calendar Call begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 5/15/2024. (bs00)
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