Pro-Mold v. ESI Extrusion Services

Justia Dockets & Filings Tenth Circuit Utah District Court Pro-Mold v. ESI Extrusion Services

Pro-Mold v. ESI Extrusion Services

Plaintiff:	Pro-Mold
Defendant:	ESI Extrusion Services
Case Number:	1:2011cv00145
Filed:	September 21, 2011
Court:	US District Court for the District of Utah
Office:	Northern Office
County:	Davis
Presiding Judge:	Dee Benson
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 8, 2013	Filing 47 MEMORANDUM OPINION AND ORDER granting 33 Motion for Summary Judgment. Having determined that ESIs Terms and Conditions are a controlling part of the contract between Pro-Mold and ESI, the court GRANTS ESIs motion for summary judgm ent. Therefore, any award of damages to Pro-Mold under the first two causes of action for breach of contract and breach of implied covenant of good faith and fair dealing are limited to the amount of the purchase price of the equipment according to E SIs general contract warranty. Pro-Molds third cause of action for breach of implied warranties is precluded by the contract and are therefore DISMISSED. Finally, Pro-Molds fourth, fifth, and sixth causes of action for misprepresentation, negligence, and unjust enrichment are preempted by the courts holding on the first three contract claims and are consequently DISMISSED. Signed by Judge Dee Benson on 7/8/13. (jlw)

Date Filed

Document Text

July 8, 2013

Filing 47 MEMORANDUM OPINION AND ORDER granting 33 Motion for Summary Judgment. Having determined that ESIs Terms and Conditions are a controlling part of the contract between Pro-Mold and ESI, the court GRANTS ESIs motion for summary judgm ent. Therefore, any award of damages to Pro-Mold under the first two causes of action for breach of contract and breach of implied covenant of good faith and fair dealing are limited to the amount of the purchase price of the equipment according to E SIs general contract warranty. Pro-Molds third cause of action for breach of implied warranties is precluded by the contract and are therefore DISMISSED. Finally, Pro-Molds fourth, fifth, and sixth causes of action for misprepresentation, negligence, and unjust enrichment are preempted by the courts holding on the first three contract claims and are consequently DISMISSED. Signed by Judge Dee Benson on 7/8/13. (jlw)

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Plaintiff: Pro-Mold
Represented By:	Mica McKinney
Represented By:	Gregory S. Ericksen
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Defendant: ESI Extrusion Services
Represented By:	Sam Meziani
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