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United States District Court for the Middle District of Alabama, Northern Division
August 3, 2012, Decided; August 3, 2012, Filed
CASE NO. 2:11-CV-155-WKW [WO]
MEMORANDUM OPINION AND ORDER
Plaintiff Sweetwater Apartments, P.A., LLC, brings this breach-of-contract lawsuit against Defendants Ware Construction Services, Inc., ("WCS") and The Guarantee Company of North America USA ("GCNA"). The case is before the court on GCNA's Motion for Summary Judgment (Doc. # 43), which is accompanied by a brief and an evidentiary submission. (Doc. # 44.) Plaintiff filed a response in opposition (Doc. #56), to which GCNA replied. (Doc. # 61.) Upon consideration of the parties' briefs, the relevant law, and the record as a whole, the court finds that GCNA's Motion for Summary Judgment is due to be denied.
I. JURISDICTION AND VENUE
Subject matter jurisdiction is exercised pursuant to 28 U.S.C. § 1332. [*2] Personal jurisdiction is not contested and is supported by adequate allegations. Venue is proper in the Middle District of Alabama, having previously been transferred from the Southern Division to the Northern Division. (Feb. 29, 2012 Order (Doc. # 50).)
II. STANDARD OF REVIEW
"Summary judgment is appropriate 'if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Greenberg v. BellSouth Telecomms., Inc., 498 F.3d 1258, 1263 (11th Cir. 2007) (per curiam) (quoting Fed. R. Civ. P. 56(a)). The party moving for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record, including pleadings, discovery materials and affidavits], which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). The movant may meet this burden by presenting evidence indicating there is no dispute of material fact or by showing that the nonmoving party [*3] has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-24.
If the movant meets its evidentiary burden, the burden shifts to the nonmoving party to establish, with evidence beyond the pleadings, that a genuine issue material to each of its claims for relief exists. Celotex Corp., 477 U.S. at 324; Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir. 1991). What is material is determined by the substantive law applicable to the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). "The mere existence of some factual dispute will not defeat summary judgment unless that factual dispute is material to an issue affecting the outcome of the case." McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir. 2003) (per curiam) (internal quotation marks and citation omitted).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2012 U.S. Dist. LEXIS 108500 *; 2012 WL 3155564
SWEETWATER APARTMENTS, P.A., LLC, Plaintiff, v. WARE CONSTRUCTION SERVICES, INC., d/b/a WCS CONSTRUCTION, INC., and THE GUARANTEE COMPANY OF NORTH AMERICA USA, Defendants.
warranty, repairs, performance bond, subcontract, obligations, argues, summary judgment, default, surety, statute of limitations, contractor, obligee, declare, material fact, ambiguous, coverage, notice, dual, summary judgment motion, limitations period, nonmoving party, warranty claim, per curiam, two year, subparagraph, contractual, one-year, two-year, fulfill, genuine
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Scintilla Rule, Business & Corporate Compliance, Sales of Goods, Statute of Limitations, Governments, Legislation, Contractual Time Provisions, Contracts Law, Contract Interpretation, Ambiguities & Contra Proferentem, Contracts Law, Types of Contracts, Guaranty Contracts