Stuart v. Al Johnson Construction Co.

MARSH, District Judge.

In this action, plaintiffs have brought suit against Meldahl Dam Constructors (Meldahl), a joint venture. Although the caption of the complaint and the brief submitted by plaintiffs confusingly indicated that they had named as defendants, A1 Johnson Construction Co. and Peter Kiewit Sons’ Co., trading as Meldahl, counsel for movant demonstrated at argument that plaintiffs were suing only Meldahl and not the two corporate members of the joint venture. Counsel for plaintiffs conceded that this was so.1 Accordingly, I will treat the names of the two companies appearing in…