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Warren Indus. v. PMG Ind. Corp.

Warren Indus. v. PMG Ind. Corp.

United States District Court for the Eastern District of Michigan, Southern Division

November 25, 2014, Decided; November 25, 2014, Filed

Case No. 13-cv-13026

Opinion

ORDER GRANTING PMG INDIANA'S MOTION FOR SUMMARY JUDGMENT (document no. 27), DENYING WARREN INDUSTRIES' MOTION FOR PARTIAL SUMMARY JUDGMENT (document no. 28), DENYING ALL OUTSTANDING DISCOVERY MOTIONS (document nos. 30, 34, 40) AS MOOT, AND DISMISSING THE CASE

The current case involves issues of contract interpretation. Plaintiff Warren Industries, Inc. ("Warren") washes, gauges, and sells various parts used in the automotive industry. In 2007, defendant PMG Indiana Corp. ("PMG") approached Warren, looking for parts PMG could sell to General Motors. The parties executed a one page contract, the legal import of which is heavily disputed here. Each year from 2007 through 2010, PMG sent Warren documents listing the quantity of parts [*2]  PMG intended to purchase over the following year. PMG would then issue "Purchase Orders" including the part number, the quantity requested, a total price, and a delivery date. Warren then shipped the requested parts. In 2013, the contract between PMG and General Motors expired. After that contract ended, PMG stopped ordering parts from Warren.

Warren filed suit, alleging that PMG breached its contract with Warren, as well as other claims arising under promissory estoppel and unjust enrichment. Warren claims the one page contract obligated PMG to purchase a set number of parts through 2014. In the alternative, Warren argues the annual estimates required PMG to buy a certain minimum quantity of parts each year. The Court has jurisdiction under 28 U.S.C. § 1332 because the parties are diverse and the amount in controversy exceeds $75,000.

Both parties have filed motions for summary judgment. The Court has thoroughly considered the briefs, and finds that a hearing is not necessary. E.D. Mich. L.R. 7.1(f)(2).

BACKGROUND

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2014 U.S. Dist. LEXIS 191428 *

WARREN INDUSTRIES, INC., Plaintiff, v. PMG INDIANA CORPORATION, Defendant.

Prior History: Warren Indus. v. PMG Ind. Corp., 2014 U.S. Dist. LEXIS 156296 ( E.D. Mich., Nov. 5, 2014)

CORE TERMS

purchase order, estimates, quantities, pieces, buy, blanket, parties, tooling, argues, obligations, summary judgment, ordering, unjust enrichment, promissory estoppel, documents, machined, per year, contracts, specific number, blanket order, purchasing, prices, ship, agree to purchase, specific quantity, amount listed, Cancellation, Termination, binding, heads