DECISION AND ORDER
LARIMER, District Judge.
INTRODUCTION
Plaintiff DiMarco Constructors, LLC ("DiMarco") commenced this diversity action against Sinacola, Inc. pursuant to 28 U.S.C. §§ 2201 and 2202 and Fed.R.Civ.P. 57 seeking declaratory relief regarding the parties' rights and obligations in connection with a construction subcontract agreement. (Dkt. # 1). Sinacola has been properly served with process
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