KANSAS CITY – Dairy Farmers of America and Big-D Construction survived a challenge to their defenses in lawsuit with Springfield Engineering Company.
Judge Beth Phillips of the U.S. District Court for the Western District of Missouri, issued a five-page ruling on Aug. 8, denying Springfield Engineering's motion. The companies are at odds over payment of a construction project.
The Springfield-based company filed the suit alleging nonpayment by Big-D Construction, which was the general contractor for the Dairy Farmers' project.
Judge Beth Phillips of the U.S. District Court for the Western District of Missouri
In their defenses, the defendants claimed Springfield Engineering failed to state a claim and did not comply with the requirements for filing a mechanic's lien. Springfield Engineering argued "defendants’ affirmative defenses have not been pleaded with sufficient particularity," as required by similar cases.
The judge noted Springfield Engineering's motion only slows down the litigation.
"Another round of motion practice would be added to many cases, increasing the burdens on the federal courts, and adding expense and delay for the parties,” Phillips wrote.
Judge Phillips' ruling also concluded the presence of Big-D's and DFA's defenses in the case "does not cause any hardship to plaintiff."