Diversified Label Images Inc v. Pharma-Pac LLC

Filing 15

MEMORANDUM OPINION, as set out, granting pla's MOTION for Partial Summary Judgment 10 . An Order in accordance with the above will be entered contemporaneously with this Memorandum Opinion. Signed by Judge Sharon Lovelace Blackburn on 8/8/14. (CTS, )

FILED
2014 Aug-08 PM 03:01
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DIVERSIFIED LABEL IMAGES, INC.,
Plaintiff,
vs.
PHARMA-PAC, LLC,
Defendant.

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CASE NO. 2:13-CV-2329-SLB

MEMORANDUM OPINION
This case is before the court on plaintiff’s Motion for Partial Summary Judgment.
(Doc. 10.)1 In its Motion, plaintiff moved for summary judgment on Count II of its
Complaint, (doc. 1), which seeks recovery of $46,367.21 of unpaid invoices. Defendant has
agreed that plaintiff is entitled to a judgment as a matter of law on the limited claims
presented in plaintiff’s Motion for Partial Summary Judgment. (See doc. 14.) Having
reviewed the Motion, the brief in support, and defendant’s response thereto, the court finds
that there are no material disputed facts relevant to the claim in Count II and that plaintiff is
entitled to judgment as a matter of law on that count. Therefore, the Motion is due to be
granted.
Accordingly, the court finds that plaintiff is entitled to recover $46,367.21 plus
prejudgment interest at the statutory legal rate of 6% beginning upon the due date of each
invoice; that is, 30 days following the issuance of each invoice issued prior to July 18, 2012

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Reference to a document number, (“Doc. ___”), refers to the number assigned to each
document as it is filed in the court’s record.

(which reflected “Net 30” terms), and one week after the date of issuance of each invoice
issued on July 18, 2012 (which reflected “Due upon receipt” terms), to allow for a reasonable
time for receipt. See ALA. CODE § 8-8-8 (1975); Goolesby v. Koch Farms, LLC, 955 So. 2d
422, 429 (Ala. 2006).
This Opinion does not affect the court’s jurisdiction to entertain motions and filings
related to any costs or fees to which plaintiff may be entitled as a result of this judgment.
Granting plaintiff’s request for relief in Count II of its Complaint will render the request for
relief in Count III moot.
An Order in accordance with the above will be entered contemporaneously with this
Memorandum Opinion.
DONE this 8th day of August, 2014.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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