Merlin Petroleum Company, Inc. v. Sarabia et al

Filing 91

ORDER denying 86 Plaintiff's Motion for Summary Judgment and Entry of Final Judgment against Defendant Javier Sarabia. Signed by Judge James S. Moody, Jr. on 3/28/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MERLIN PETROLEUM COMPANY, INC.,
Plaintiff,
v.

CASE NO: 8:16-CV-1000-T-30TBM

PEDRO JAVIER SARABIA,
Defendant.
____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Summary Judgment
and Entry of Final Judgment against Defendant Javier Sarabia (Dkt. 86) and Defendant’s
Response in Opposition (Dkt. 88). The Court, upon review of the motion, response, and
being otherwise advised in the premises, concludes that Plaintiff’s motion should be denied.
DISCUSSION
This is a breach of contract case regarding a November 9, 2011 agreement (the
“agreement”) executed by Plaintiff Merlin Petroleum Company, Inc. (“Merlin”) and
Defendant Pedro Javier Sarabia. The instant motion constitutes Merlin’s fourth attempt to
obtain final judgment against Sarabia in the amount of $1,470,907.41 (see Dkts. 18, 54, 73,
and 88). But Merlin does not point to anything new in the record to change the Court’s prior
rulings. Accordingly, as the Court has previously ruled on more than one occasion, summary
judgment is inappropriate. There are simply too many disputed material issues. See Fed. R.
Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).

For example, the Court noted in its Order dated February 8, 2017, that the agreement
is “ambiguous on the issue of whether Sarabia guaranteed the entire debt above and beyond
the payments he was supposed to make to Merlin under the four enumerated sources[.]” And
that “this issue would have to be determined at trial” because when a contract’s terms are
disputed and “reasonably susceptible to more than one construction, an issue of fact is
presented as to the parties’ intent which cannot properly be resolved by summary judgment.”
(Dkt. 83). Merlin’s motion points to nothing new that would convince the Court to depart
from its prior rulings.
It is therefore ORDERED and ADJUDGED that Plaintiff’s Motion for Summary
Judgment and Entry of Final Judgment against Defendant Javier Sarabia (Dkt. 86) is denied.
DONE and ORDERED in Tampa, Florida on March 28, 2017.

Copies furnished to:
Counsel/Parties of Record

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