United States ex rel. Krol v. Arch Insurance

Opinion and ORDER

RICHARD J. SULLIVAN, District Judge:

Plaintiff Henryk Krol brings this putative class action against Defendant Arch Insurance Company (“Arch”), the surety of a payment bond issued under the Miller Act, to recover wages allegedly due under a contract covered by the Davis-Bacon Act. Now before the Court is Arch’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, which the Court deems to be a motion for judgment on the pleadings pursuant to Rule 12(c).

For the reasons discussed below, the Court finds that Krol cannot maintain his claim unless (1)…