Packgen v. Berry Plastics Corp.

ORDER ON MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., Chief Judge.

In this breach of contract case, Berry Plastics Corporation and Covalence Specialty Coatings, LLC move for summary judgment, asserting that Packgen’s claims are barred by the parties’ contractual statute of limitations period. Packgen argues that the provision in both of Berry’s invoices stating that a one-year statute of limitations applied to the contracts at issue does not render its claims untimely because the invoices never became part of the parties’ contract. Packgen also argues that if the invoices are determined…