Somerset Studios, LLC et al v. School Specialty, Inc.

Filing 38

ORDER AFTER HEARING re 37 Motion for Summary Judgment. Defendant's supplemental brief to be filed by 1/4/12. Plaintiff's supplemental response by 1/11/12. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 12/20/11. (bjtS, COURT STAFF) (Filed on 12/21/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SOMERSET STUDIOS, LLC; GAIL A.
STOFFER,

No. C 10-5527 MEJ

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Plaintiffs,
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v.
SCHOOL SPECIALTY, INC.; DOES 1-10,

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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER AFTER HEARING RE:
MOTION FOR SUMMARY
JUDGMENT

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In reviewing the papers submitted by the parties in connection with Defendant’s Motion for
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Summary Judgment (Dkt. No. 27), and considering the arguments made by counsel at the hearing on
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December 15, 2011, the Court finds that Defendant’s Motion with respect to Plaintiffs’ third claim
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for breach of contract requires further briefing. Accordingly, each party may file a supplemental
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brief no longer than five pages. Defendant’s supplemental brief, if any, shall be filed by January 4,
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2012. Plaintiff’s supplemental response, if any, shall be filed by January 11, 2012. Both parties
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may use the questions below as a guide for framing their briefs to the Court. The parties, however,
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are not restricted to addressing only these issues.
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1. Is Defendant seeking summary judgment or partial summary judgment on Plaintiffs’
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breach of contract claim? Defendant appears to at first seek dismissal of contracts that were
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executed before November 2, 2008 due to the two-year statute of limitations. But in later parts of its
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Motion and Reply, Defendant appears to seek summary judgment on Plaintiffs’ entire Complaint.
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See Motion at 18:13; Reply at 14:24-25, 15:20-21. If the Court only grants partial summary
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judgment, what issues would remain as part of this claim? What issues would remain if the Court
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grants partial summary judgment but finds that a four-year statute of limitations applies?
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2. Is Plaintiffs’ breach of contract claim based on an oral contract, written contract, or both?

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Specifically, what contracts do Plaintiffs allege were breached and what are their damages? Where

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are these allegations located in Plaintiffs’ Complaint?

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3. The Court notes that there is a substantive body of contract law on promises implied in

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writings. See 3 Witkin, Cal. Proc. 5th (2008) Actions, § 510, p. 653. How does this law, in

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connection with Defendant’s purchase orders, affect whether the applicable statute of limitations for

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Plaintiffs’ breach of contract claim is two or four years?

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4. Defendant’s Reply does not address Plaintiffs’ argument that thE breach of contract claim

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does not accrue until Defendant formally refused to pay Plaintiffs’ the true contractual amount.

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What were the terms for payment under the purchase orders or any other agreements between the

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IT IS SO ORDERED.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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two parties? Is this in the record?

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Dated: December 20, 2011

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_______________________________

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Maria-Elena James

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Chief United States Magistrate Judge

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