HUMPHREYS v. BUDGET RENT A CAR SYSTEM, INC. et al

Filing 172

ORDER THAT PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST VIKING IS DENIED; VIKINGS CROSS-MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF IS GRANTED; BUDGETS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: BUDGETS MOTION FOR SUMMARY JUDGMENT OF COUNT TWO OF THE SECOND AMENDED COMPLAINT ALLEGING A VIOLATION OF THE PENNSYLVANIA FAIR CREDIT EXTENSION UNIFORMITY ACT, 73 PA.C.A § 2270, IS GRANTED; BUDGETS MOTION FOR SUMMARY JUDGMENT OF COUNT THREE OF THE SECON D AMENDED COMPLAINT ALLEGING A BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING WITH RESPECT TO BUDGETS ALLEGED UNTIMELY NOTICE OF PLAINTIFFS DAMAGES IS GRANTED; BUDGETS MOTION FOR SUMMARY JUDGMENT OF COUNT THREE OF THE SECOND AMENDED COMPLAINT ALLE GING A BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING WITH RESPECT TO BUDGETS LOSS OF USE CALCULATION IS DENIED; BUDGETS MOTION FOR SUMMARY JUDGMENT OF COUNT FOUR OF THE SECOND AMENDED COMPLAINT SEEKING DECLARATORY JUDGMENT THAT BUDGETS METHOD OF CALCULATING DAMAGES TO RENTAL CARS IS UNLAWFUL IS DENIED. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 12/19/17. 12/19/17 ENTERED AND COPIES MAILED, E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANNE HUMPHREYS,
Plaintiff,
v.
BUDGET RENT A CAR SYSTEM
INC., et al.,
Defendants.

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CIVIL ACTION

NO. 10-cv-1302

ORDER
AND NOW, this 19th day of December, 2017, upon consideration of the plaintiff’s
motion for partial summary judgment against Viking (Doc. No. 149), Viking’s opposition
and cross-motion for summary judgment (Doc. No. 159), plaintiff’s response to Viking’s
cross-motion (Doc. No. 168), Budget’s motion for summary judgment against plaintiff
(Doc. No. 164) and plaintiff’s opposition (Doc. No. 169), IT IS HEREBY ORDERED:
1. Plaintiff’s motion for partial summary judgment against Viking is DENIED;
2. Viking’s cross-motion for summary judgment against plaintiff is GRANTED;
3. Budget’s motion for summary judgment is GRANTED in part and DENIED
in part as follows:
a. Budget’s motion for summary judgment of count two of the Second
Amended Complaint alleging a violation of the Pennsylvania Fair
Credit Extension Uniformity Act, 73 Pa.C.A § 2270, is GRANTED;
b. Budget’s motion for summary judgment of count three of the Second
Amended Complaint alleging a breach of the duty of good faith and fair

dealing with respect to Budget’s alleged untimely notice of plaintiff’s
damages is GRANTED;
c. Budget’s motion for summary judgment of count three of the Second
Amended Complaint alleging a breach of the duty of good faith and fair
dealing with respect to Budget’s loss of use calculation is DENIED;
d. Budget’s motion for summary judgment of count four of the Second
Amended Complaint seeking declaratory judgment that Budget’s
method of calculating damages to rental cars is unlawful is DENIED.

BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C.J.