Xerox Corporation v. RP Digital Services, Inc. et al
| Xerox Corporation |
| RP Digital Services, Inc. and Ultragraphics Inc. |
| Ultragraphics Inc. and RP Digital Services, Inc. |
| Xerox Corporation |
| 6:2016cv06063 |
| February 3, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Jonathan W. Feldman |
| David G. Larimer |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
21
ORDER granting plaintiff's motion for summary judgment 11 . Xerox is awarded damages on Count 1 (breach of the Purchase Agreement) in the amount of $3,237.80 (the principal amount of the unpaid invoices), plus interest at the rate of 1.5& #037; per month from August 1, 2014 (a "reasonable intermediate date" with respect to the accrual of the claims), to the date of entry of this Order. The Court likewise grants summary judgment to plaintiff on Count 2, in an amount to be de termined. The Court will grant defendants' request for discovery on the issue of damages solely with respect to Count 2 (the Finance Lease), including but not limited to determination of the fair market value of the returned X770 printer at the time Ultragraphics requested that Xerox reclaim it. Such discovery is to be completed within 4 months of the entry of this Order. Within 30 days thereafter, plaintiff is directed to file affidavits, exhibits, and such other proof in admissible for m as is appropriate to explain and support its damages calculations for Count 2, and its request for an award of costs and attorney fees. Defendants are directed to file their response, if any, within 20 days of the filing of plaintiff's submissions. Signed by Hon. David G. Larimer on 2/8/17. (EMA)
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