Mikail v. PAM Management, Inc. et al

Filing 45

ORDER (memorandum filed previously as separate docket entry) pltf's motion for sumjgm is granted. (See order for details).Signed by Honorable Malachy E Mannion on 4/12/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SAMUEL MIKAIL,

:

Plaintiff

:

CIVIL ACTION NO. 3:15-2437

:

(JUDGE MANNION)

v.
:
PAM MANAGEMENT, INC. and
DRUMS FUEL STOP, INC.,
Defendants

:
:

ORDER
In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

the plaintiff’s motion for summary judgment, (Doc. 38), is
GRANTED with respect to his breach of contract claims
raised in his complaint, (Doc. 1), against defendant PAM,
(Count I), and defendant Drums, (Count II), except with
respect to his claims for interest regarding the payments
which were due under both Contracts in February of 2010
and February 2011 since these claims are DISMISSED as
time-barred;

(2)

judgment is entered in favor of plaintiff and against
defendant PAM on his breach of contract claim in Count I
of the complaint in the amount of $1,180,000;1

1

The court reduced the principal amount due under the PAM Contract
by $120,000 which represents the first two annual interest-only payments of
$60,000 due in February 2010 and February 2011 since plaintiff’s claims for

(3)

within 14 days of the date of this Order, plaintiff shall
submit a detailed accounting of the pre-judgment
interest due regarding the PAM Contract, defendant PAM
may file a brief in opposition within 14 days thereafter,
and plaintiff may file a reply brief within 7 days after
PAM’s brief is filed;

(4)

judgment is entered in favor of plaintiff and against
defendant Drums on his breach of contract claim in
Count II of the complaint in the amount of $295,000;2 and

(5)

within 14 days of the date of this Order, plaintiff shall
submit a detailed accounting of the pre-judgment
interest due regarding the Drums Contract, defendant
Drums may file a brief in opposition within 14 days
thereafter, and plaintiff may file a reply brief within
7 days after Drums’s brief is filed.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Date: April 12, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-2437-02-ORDER.wpd

these payments are time-barred.
2

The court reduced the principal amount due under the Drums Contract
by $30,000 which represents the first two annual interest-only payments of
$15,000 due in February 2010 and February 2011 since plaintiff’s claims for
these payments are time-barred.
2