ALLIANCE INDUSTRIES LIMITED v. A-1 SPECIALIZED SERVICES & SUPPLIES, INC.

Filing 188

ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/19/2015. 8/19/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALLIANCE INDUSTRIES LIMITED
and
ALLIANCE INDUSTRIES FZC

CIVIL ACTION

v.

NO. 13-2510

A-1 SPECIALIZED SERVICES &
SUPPLIES, INC.
ORDER RE SUMMARY JUDGMENT
AND NOW, this 19th day of August, 2014, for the reasons stated in the foregoing
memorandum, upon consideration of Plaintiffs Alliance Industries Limited and Alliance
Industries FZC’s Motion for Summary Judgment (ECF 116) and Defendant A-1 Specialized
Services & Supplies, Inc.’s request for summary judgment contained in the Second Supplemental
Brief of A-1 in Support of Its Opposition to Plaintiffs’ Motion for Summary Judgment (ECF
182), and all responses replies, memoranda, and submissions thereto, it is hereby ORDERED
that:
1.

Plaintiffs’ motion for summary judgment with regard to whether the September 6,

2012 Settlement Agreement released the leases and whether there was an alleged oral agreement
between the parties to release the leases is DENIED.
2.

Defendant’s request for summary judgment, made at oral argument and in its

August 4, 2015 supplemental brief (ECF 182) is DENIED.
3.

Plaintiffs’ motion for summary judgment as to Defendant’s affirmative defense of

set-off is GRANTED because that affirmative defense fails as a matter of law.
4.

The Court will reserve its decision as to the capacity of Alliance Industries FZC to

join this lawsuit as a party plaintiff until after the hearing scheduled for September 9, 2015.
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BY THE COURT:
/s/ Michael M. Baylson
___________________________________
MICHAEL M. BAYLSON, U.S.D.J.
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