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United States District Court for the Southern District of Florida, West Palm Beach Division
January 20, 1999, Decided ; January 20, 1999, Filed
CASE NO.: 96-8532-CIV-RYSKAMP
[*1338] ORDER GRANTING DEFENDANTS' SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS CAUSE came before the Court upon the Second Motion for Summary Judgment (the "Motion") of Defendants American Hydro-Surgical Instruments, Inc. ("AHSI"), Davol Inc. ("Davol"), and C.R. Bard, Inc. ("Bard") (collectively, the "Suppliers"), seeking 1) final summary judgment under Fed. R. Civ. P. 56(a) on seven of the nine counts brought against the Suppliers by Plaintiffs Eclipse Medical, Inc. ("Eclipse") and Horizon Medical Technologies, Inc. ("Horizon") (collectively, the "Distributors"), 2) partial summary judgment under Fed. R. Civ. P. 56(b) on the Distributors' two remaining counts, and 3) final summary judgment under Fed. R. Civ. P. 56(a) on the counterclaims brought by AHSI and Davol against the Distributors. [DE-154] The Distributors' filed a memorandum in opposition to the Motion (the "Response") to which the Suppliers filed a reply. This Court heard [**3] argument on the Motion on December 18, 1998.
This is an action brought by two medical supply distributors against one of their suppliers and two affiliated entities, alleging breaches of contract, fraudulent inducement, breach of fiduciary duties, promissory estoppel, tortious interference with business relationships, and violations of two Florida consumer protection statutes. AHSI entered into a distribution agreement with Eclipse Medical, Inc. ("Eclipse") on November 1, 1994 and with Horizon Medical Technologies, Inc. ("Horizon") on December 23, 1994 (the two distribution agreements are identical with regard to the provisions that are the subject of the Motion, and are collectively referred to as the "Agreement"). The parties agree that the Agreement is a valid and binding contract. The Agreement granted Eclipse and Horizon the right to purchase from AHSI and then market and re-sell certain laproscopic irrigation medical equipment, which is specifically defined in the Agreement (the "Products"). The Agreement further provided that the grant of marketing and sales rights was applicable only within each Distributor's prescribed Territory, as specifically defined [**4] in the Agreement.
The Agreement contained two specific provisions relating to its duration. The [*1339] first, Section 3, deals with the "term" of the Agreement, and reads as follows:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
262 F. Supp. 2d 1334 *; 1999 U.S. Dist. LEXIS 22434 **
ECLIPSE MEDICAL, INC., a Texas corporation and HORIZON MEDICAL TECHNOLOGIES, INC., a Washington corporation, Plaintiffs, v. AMERICAN HYDRO-SURGICAL INSTRUMENTS, INC., a Maryland corporation; DAVOL INC., a Delaware corporation; C.R. BARD, INC., a New Jersey corporation, Defendants.
Disposition: [**1] Defendants' Motion for Summary Judgment [DE-154] GRANTED. Summary judgment entered in favor of Defendants AHSI, Davol and Bard as to Counts One, Two, Four, Six, Seven, Eight and Nine of the Second Amended Complaint, and, additionally, in favor of Defendant Bard as to Counts Three and Five. Defendant's motion for summary judgment GRANTED in favor of AHSI and Davol on their counterclaims in the amount of $ 99,017 as to Eclipse and $ 77,427 as to Horizon.
Distributors, Suppliers, products, parties, promise, loan program, customers, statute of frauds, summary judgment, Plaintiffs', partnership, modification, representations, parties' agreement, unambiguous, tortious interference, renewed, terms, matter of law, damages, induced, economic loss rule, contracts, duration, promissory estoppel, alleged promise, contradict, counts, alleged misrepresentation, distribution agreement
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