Southwest Pet Products, Inc. v. Koch Industries, Inc.

MEMORANDUM

WILLIAM G. YOUNG, District Judge. 1

I. Introduction

This blunderbuss civil action is, at bottom, a fairly straightforward claim for breach of contract. In Southwest Pet Prods., Inc. v. Koch Indus., Inc., 89 F.Supp.2d 1115 (D.Ariz.2000) (“Southwest I”), this Court tried to cut the litigation sprawl down to size. Now, with trial looming, the principal remaining parties try for a knock-out blow via summary judgment.

Southwest Pet Products, Inc. (“Southwest”) brings a Motion for Summary Judgment as to Count I (breach of contract), Count V (breach of express warranty), Count XIII (breach of…