Randim Marketing, Inc. v. Professional Sports Merchandisers, Inc.

OPINION

MacMAHON, District Judge.

This is a motion by defendant, Professional Sports Merchandisers, Inc., to dismiss on the ground that this case has been settled. The parties have submitted several affidavits in support of their positions, so we will treat the motion as one for summary judgment under Fed.R.Civ.P. 56.

Plaintiff, Randim Marketing, Inc., sues to recover damages for defendant’s alleged breach of a contract to buy goods from plaintiff. Defendant apparently rejected certain merchandise, claiming late delivery by plaintiff.

The court encouraged the parties, at a pretrial conference on…