Jefferson Ward Stores, Inc. v. Doody Co.
Jefferson Ward Stores, Inc. v. Doody Co.
Opinion of the Court
OPINION
Jefferson Ward Stores and Jefferson Stores have sued the Doody Company for problems they are experiencing with the
Summary judgment may be granted only if the record clearly establishes the existence of “no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R. Civ.P. 56(c). Initially Doody raised several issues of fact by denying all the allegations of Harford’s counterclaim except that it did admit to having entered into an agreement with Harford for the two Delaware stores and that it was ultimately billed for the $16,697.50 at issue. In interrogatories, Harford requested that Doody provide the factual bases for its denials. Although Doody objected to the interrogatories, it also responded that at that time, it was unable to set forth the factual basis for these denials, without explaining the reason for its inability. Fed.R. Civ.P. 56(e). In these interrogatories Doody also challenged the authenticity and accuracy of the dates on Harford’s letters which demanded payment of the amounts claimed.
Doody has failed to update its answers to interrogatories and has provided no support for its denials in its response to the summary judgment motion. In a telephone conference call, I inquired of counsel for Doody if further discovery was needed in order to provide appropriate support for its denials as required by Fed.R.Civ.P. 56(f) in light of the affidavit and letters submitted by Harford. Because Doody was unable to identify needed information or, in any other way, to support its denials, I find that there are no unresolved issues of fact.
Doody itself does not argue that issues of fact exist, but relies instead on the theory that since Harford’s claim of money due arose from the same contract
Doody’s argument that its claim is a “set-off” which should bar Harford’s recov
The Court held that the district court’s evaluation of the situation in CurtissWright had been reasonable. The district court had concluded that: the claims involved were separate and not interrelated; there was no chance that appellate review of the issue would be required twice; the issue could not be mooted by further developments in the case; both parties were financially sound; and therefore entry of judgment was appropriate. In the instant case, as in Curtiss-Wright, all these factors exist. Since the entry of final judgment would be appropriate despite the existence of -a counterclaim, Doody’s argument that this “set-off” should prevent the entry of summary judgment is of no weight.
Because no genuine issue of material fact exists on Harford’s claim for payment for electrical work performed and warehouse rental, I will grant Harford’s Motion for Summary Judgment on its counterclaim.
. I assume that this challenge relates to the date from which interest is to be assessed under the contract.
. Harford characterizes the claims as arising from two independent contracts. While this presents an unresolved issue of fact, that issue is not material to the resolution of any of the claims in the case.
. Fed.R.Civ.P. 54(b).
Judgment Upon Multiple Claims or Involving Multiple Parties.—When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon a express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
Reference
- Full Case Name
- JEFFERSON WARD STORES, INC. and Jefferson Stores, Inc. v. The DOODY COMPANY v. HARFORD CONSTRUCTION CO., Sabra Construction Co. v. TURNER CONSTRUCTION CO. v. GEORGE H. DUROSS, INC.
- Cited By
- 1 case
- Status
- Published