Landmark Organization, L.P. v. Tremco, Inc.

Appellant Landmark Organization, L.P. (“Landmark”) filed suit against various defendants that included appellee Tremco, Incorporated (“Tremco”) and cross-appellants Alpha Insulation & Waterproofing, Inc. f/k/a Alpha Insulation, Inc. (“Alpha”) and Hartford Fire Insurance Company (“Hartford”). Tremco filed motions for both partial and final summary judgment as to Landmark’s claims against it. The district court granted both motions. The case proceeded to trial on Landmark’s claims against Alpha and Hartford, and Landmark obtained a judgment against these defendants. Landmark has appealed from the district court’s now-final summary judgment order. Alpha and Hartford have filed cross-appeals from the judgments against them.

On April 3, 2008, Alpha, Hartford, and Landmark filed an “Unopposed Joint Motion for Disposition Effectuating Agreement and Partial Dismissal of Appeal.” In the motion, Alpha, Hartford, and Landmark represent that they have settled their differences regarding all matters relating to Landmark’s pending claims in this Court against Alpha and Hartford. They further represent that, on March 29, 2008, the district court vacated its judgment in favor of Landmark against Alpha and Hartford and dismissed with prejudice Landmark’s claims against Alpha and Hartford. They also represent that Alpha, Hartford, and Landmark have signed mutual releases.