PHOENIX LITHOGRAPHING CORPORATION v. BIND-RITE SERVICES, INC.

Filing 21

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [ECF NO.17] IS GRANTED IN PART AND DENIED IN PART AS SET FORTH BELOW; (A) DEFENDANT'S MOTION IS DENIED AS TO PLAINTIFF'S CLAIMS FOR THOSE DAMAGES CAUSED BY THE DESTRUCTI ON OF THE APPROXIMATELY 560,000 SHEETS OF PAPER AND THE COSTS ASSOCIATED WITH REPRODUCING THEM; DEFENDANT'S MOTION IS GRANTED AS TO PLAINTIFF'S DAMAGES ALLEGEDLY ASSOCIATED WITH HAVING TO ENGAGE ANOTHER VENDOR TO FINISH THE PROJECT; PLAINTI FF'S CLAIMS FOR THE COSTS OF HAVING TO ENGAGE ANOTHER VENDOR TO FINISH THE PROJECT ARE DISMISSED; AND (3) COUNTS I AND II MAY PROCEED TO THE EXTENT THEY SEEK DAMAGES RELATED TO THE LOSS AND REPRINTING OF THE APPROXIMATELY 560,000 SHEETS OF PAPER. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/24/14. 6/24/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHOENIX LITHOGRAPHING CORP.,
Plaintiff,
v.
BIND RITE SERVICES, INC.,
Defendant.

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CIVIL ACTION
NO. 12-6960

O R D E R
AND NOW, this 24th day of June, 2014, for the reasons
stated in the accompanying memorandum opinion, it is hereby
ORDERED as follows:
(1)

Defendant’s Motion for Summary Judgment (ECF No.

17) is GRANTED in part and DENIED in part as set forth below;
(a)

Defendant’s Motion is DENIED as to

Plaintiff’s claims for those damages caused by the destruction
of the approximately 560,000 sheets of paper and the costs
associated with reproducing them;
(b)

Defendant’s Motion is GRANTED as to

Plaintiff’s damages allegedly associated with having to engage
another vendor to finish the project;
(2)

Plaintiff’s claims for the costs of having to

engage another vendor to finish the project are DISMISSED; and

(3)

Counts I and II may proceed to the extent they

seek damages related to the loss and reprinting of the
approximately 560,000 sheets of paper.

IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.