Kinetic Systems, Inc. v. Federal Financing Bank

ORDER ON CROSS MOTIONS FOR ■ SUMMARY JUDGMENT

SAMUEL CONTI, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

In September of 2009, the U.S. Department of Energy (“DOE”) and Defendant Federal Financing Bank (“FFB”) entered into a series of agreements with Solyndra FAB 2, LLC (“FAB 2”). FAB 2 was wholly owned by Solyndra, Inc. (“Solyn-dra”), a now-defunct solar panel technology company. FFB purchased a promissory note from FAB 2 in the amount of $535 million, and DOE guaranteed the note. Plaintiff Kinetic Systems, Inc. (“Kinetics”) is a California contractor. It was hired to perform work on a Solyndra…