CTI and Fidelity were to pay Air-O-Fasteners a total amount of $46,311.08 through twelve monthly installments of $500 (totaling $6,000) and a $40,311.08 balloon payment in the thirteenth month to cover the remaining principal ($46,311.08 - $6,000 = $40,311.08). The parties allegedly reached a settlement joining CTI as party defendant, and in which both Fidelity and CTI assumed joint and several liability for the outstanding payments. When Air-O-Fasteners remained unpaid, they filed suit against MBC for breach of contract, and against Fidelity for payment under their bond. Pursuant to federal law, CTI engaged Fidelity to bond and guarantee the project. 1 turn contracted Air-O-Fasteners to provide supplies. While the motion has merit, the Court is capable of ignoring and discretely disregarding parol evidence and conclusory or speculative statements of belief, while still giving appropriate weight to admissible portions of the affidavits. ( MBC ) for primary building, who in 1 Also before he Court is Air-O-Fasteners Motion to Strike (Docket #31), rendered moot by today s decision. BACKGROUND In conjunction with their Job Corps Dormitories Construction Site in Syracuse, Utah, CTI sub-contracted Defendant Mike Barnett Construction, Inc. Both CTI and Fidelity dispute that a valid and enforceable settlement agreement exists. ( CTI ) and Defendant Fidelity and Deposit Company of Maryland ( Fidelity ) concerning payment in consideration for supplies provided to CTI s construction site and guaranteed under bond by Fidelity. ![]() 1 Air-O-Fasteners seeks enforcement of an alleged settlement with Creative Times Day School, Inc. SUMMARY This case is before the Court on Plaintiff Air-O-Fasteners, Inc., Motion for Joinder, Motion to Enforce, and Motion for Entry of Judgment (Docket #14). ) ) MIKE BARNETT CONSTRUCTION, INC., ) a Utah Corporation, FIDELITY AND ) DEPOSIT OF MARYLAND, a Maryland ) Corporation DOES 1-10, ) ) Defendants. ![]() THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The UNITED STATES OF AMERICA for ) the use and benefit of AIR-O-FASTENERS, ) INC., a Utah Corporation, ) ) Case No.
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