APOGEE WAUSAU GROUP, INC. v. PMC PROPERTY GROUP, INC.

Filing 54

ORDERED THAT: (1) THE MOTION OF PLAINTIFF APOGEE WAUSAU GROUP, INC. D/B/A WAUSAU WINDOW AND WALL SYSTEMS (WAUSAU) FOR SUMMARY JUDGMENT (DOC. # 38) IS GRANTED AS TO THE COUNTERCLAIM OF PMC PROPERTY GROUP, INC. (PMC), TO THE EXTENT THAT THE COUNTERCLAI M ASSERTS A CLAIM UNDER THE FIRST AMENDMENT, BUT WAUSAUS MOTION IS OTHERWISE DENIED; (2) THE MOTION OF DEFENDANT AND COUNTERCLAIMANT PMC PROPERTY GROUP, INC. (PMC) FOR PARTIAL SUMMARY JUDGMENT (DOC. # 39) IS DENIED; AND (3) PURSUANT TO RULE 56(G) OF THE FEDERAL RULES OF CIVIL PROCEDURE, IT IS AN UNDISPUTED MATERIAL FACT ESTABLISHED IN THIS ACTION THAT THE ONLY CONTRACT IN ISSUE BETWEEN WAUSAU AND PMC IS THE APRIL 21, 2020 QUOTE CONFIRMATION. SIGNED BY DISTRICT JUDGE HARVEY BARTLE, III ON 5/8/2024. 5/8/2024 ENTERED AND COPIES E-MAILED.(sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
APOGEE WAUSAU GROUP, INC.
v.
PMC PROPERTY GROUP, INC.

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:
:
:
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CIVIL ACTION

NO. 22-3690

ORDER
AND NOW, this 8th day of May 2024, for the reasons
stated in the foregoing Memorandum, it is hereby ORDERED that:
(1)

The motion of plaintiff Apogee Wausau Group, Inc.

d/b/a Wausau Window and Wall Systems (“Wausau”) for summary
judgment (Doc. # 38) is GRANTED as to the counterclaim of PMC
Property Group, Inc. (“PMC”), to the extent that the counterclaim
asserts a claim under the First Amendment, but Wausau’s motion is
otherwise DENIED;
(2)

The motion of defendant and counterclaimant PMC

Property Group, Inc. (“PMC”) for partial summary judgment (Doc.
# 39) is DENIED; and
(3)

Pursuant to Rule 56(g) of the Federal Rules of

Civil Procedure, it is an undisputed material fact established in
this action that the only contract in issue between Wausau and
PMC is the April 21, 2020 Quote Confirmation.
BY THE COURT:
/s/

Harvey Bartle III

J.