Extrusion Painting, Inc. v. Awnings Unlimited, Inc.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

GADOLA, District Judge.

This is an action for breach of contract and quantum meruit. At the center of the controversy is a purchase order dated July 23, 1997 relating to the sale of awning parts, specifically “upper and lower arm extrusions.” 1 The instant action commenced on August 25, 1997. Discovery closed on October 30, 1998 and the cut-off date for filing dispositive motions was December 31, 1998. On December 30, 1998, plaintiff Extrusion…