Firestone Diversified Products, LLC et al v. Alpha Engineered Refrigeration Company

Filing 13

ORDER granting 10 Motion for Summary Judgment. Signed by District Judge Marianne O Battani. (BThe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
FIRESTONE DIVERSIFIED PRODUCTS, LLC, f/k/a BFS DIVERSIFIED PRODUCTS, LLC, and F I R E S T O N E INDUSTRIAL PRODUCTS COMPANY, LLC, Plaintiffs v. ALPHA ENGINEERED COMPANY, REFRIGERATION

CASE NO. 09-10992 HON. MARIANNE O. BATTANI

Defendant. / ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Now before the Court is Plaintiffs' Motion for Summary Judgment (Doc. No. 10). The Court issued a scheduling order in this matter setting September 25, 2009, as the deadline for Defendant's response to the motion. In addition, the Court set a hearing date of December 2, 2009. Defendant has failed to respond to the dispositive motion and did not appear at the time set for oral argument. The Court has reviewed the pleadings and finds summary judgment is appropriate. It is undisputed that Plaintiffs contracted with Defendant to design and construct two environmental test chambers. It also is undisputed that Plaintiffs paid Defendant

$163,000; however, Defendant neither delivered the test chambers nor refunded Plaintiffs' money. Consequently, the Court finds that Plaintiffs have established they are entitled to summary judgment on their breach of contract claim. Finally, in their supplemental filing Plaintiffs request $163,000 in damages as well as $19,113.42 in prejudgment interest, and

$350 in court costs. Defendant has not contested the requested amounts. The Court finds Plaintiffs are entitled to judgment in the amount of $182,463.42. Accordingly, Plaintiffs' motion is GRANTED. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE Date: December 11, 2009 CERTIFICATE OF SERVICE
Copies of this Order were mailed and/or electronically filed to counsel of record on this date.

s/Bernadette M. Thebolt Case Manager