Yama Seiki USA Inc v. Progressive Machinery Inc

Filing 20

ORDER signed by Chief Judge William C Griesbach on 1-26-17 granting 16 Motion for Summary Judgment. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
YAMA SEIKI USA, INC.,
Plaintiff,
v.

Case No. 16-C-252

PROGRESSIVE MACHINERY, INC.,
Defendant.

ORDER

On January 18, 2017, the Plaintiff filed an untimely motion for summary judgment along
with a motion seeking leave to file said motion. In a subsequent telephonic hearing, this court
allowed the motion to be filed. At that hearing, the court was also informed that the Defendant
would not be filing any opposition to the motion in light of the Defendant’s intent to file for
bankruptcy.
The motion arises from the request for admissions served on the Defendant in November
2016. The Defendant did not respond to the request for admissions within the allotted time. Under
Fed. R. Civ. P. 36(a)(3), a failure to respond means that the matters are admitted. By virtue of these
admissions, the Defendant has conceded that it owes the Plaintiff $169,900 balance for a CNC
Machining Center, plus agreed-upon interest, plus repair costs of $12,642.05.

In addition, the

admissions also eviscerate the basis for the Defendant’s counterclaims. It has conceded that it did
not have a “dealership” and that there were no manufacturing defects in the machine in question.

Based on these admissions, the motion for summary judgment is GRANTED. Plaintiff is
entitled to judgment in the amount of $182,542.05.

The Defendant’s counterclaims are

DISMISSED. The clerk will enter judgment accordingly.

SO ORDERED this 26th day of January, 2017.

/s William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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