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Whitesell Corp. v. Electrolux Home Products, Inc.

United States District Court, S.D. Georgia, Augusta Division

May 25, 2018

WHITESELL CORPORATION, Plaintiff,
v.
ELECTROLUX HOME PRODUCTS, INC., HUSQVARNA, A.B., and HUSQVARNA OUTDOOR PRODUCTS, INC., Defendants.

          ORDER

          J. RANDAL HALL, CHIEF JUDGE

         Defendant Electrolux Home Products, Inc. ("EHP") has filed a "Motion for Partial Summary Judgment as to Contract Duration Term for Parts in Suit." The motion seeks a determination as a matter of law of the contract duration term for parts supplied by Plaintiff Whitesell Corporation ("Whitesell") to EHP, i.e., the time that the parties were contractually obligated to perform for each part. The determination of the duration term for each part is essential to Whitesell's breach of contract claims in its Second Amended Complaint.

         The matter came before the Court for oral argument on April 17, 2018, at which time the Court heard argument and, in many cases, the concessions of the parties' attorneys, which enabled the Court to rule from the bench.[1] The matters at issue in the instant motion were resolved at the hearing; the Court hereby incorporates by reference and adopts herein its legal rulings. The Court will only summarize its rulings in this Minute Order.

         The Exhibits

         Through its motion for partial summary judgment, EHP submitted 7 lists of parts as Exhibits 1 through 7 to the motion. (See Doc. Nos. 894-2 through 894-8.) Following submission of Whitesell's responsive brief (doc. no. 918) and EHP's reply brief (doc. no. 926), Whitesell resubmitted the 7 exhibits but with additional columns reflecting each parties' respective positions on the contract duration term to be applied to each individual part (see doc. no. 936, Exs. 1-7) . The Court utilized these 7 modified exhibits attached to Whitesell's Sur-reply as the basis from which it made its rulings. This Minute Order will likewise reference and utilize the 7 modified exhibits.

         Exhibit 1 (Doc. No. 936-1)

         Exhibit 1 is a list of 263 parts. Whitesell is not asserting a claim for breach of contract with respect to four of these parts: Part Nos. 054287-000, 134932400, 137099100, and 73202-2540. Based upon this concession from Whitesell, these parts are hereby excluded from Whitesell's breach of contract claim without prejudice to Whitesell to renew its claim should supplemental information become available.[2] With respect to the remaining 259 parts on Exhibit 1, and for the reasons stated at the hearing of April 17, 2018, the contract duration term is January 1, 2004 to November 1, 2008.[3]Accordingly, summary judgment is granted with respect to the parts listed on Exhibit 1.

         Exhibit 2 (Doc. No. 936-2)

         Exhibit 2 is a list of 159 parts. Whitesell is not asserting a claim for breach of contract with respect to two of these parts: Part Nos. 47920030001 and 319008401. Based upon this concession from Whitesell, these parts are hereby excluded from Whitesell's breach of contract claim without prejudice to Whitesell to renew its claim should supplemental information become available. Moreover, Part No. 108249X is not an EHP part and therefore is excluded from Whitesell's breach of contract claim as against EHP only. This leaves 156 parts.

         The parties agree that the first 143 parts listed on Exhibit 2 have the contract duration term noted therein. Also, the parties agree that Part No. 062791-300 has a contract duration term of January 1, 2004 to November 1, 2008. With respect to the last 12 parts listed on Exhibit 2, for the reasons stated at the hearing of April 17, 2018, the contract duration term is January 1, 2004 to November 1, 2008. Accordingly, summary judgment is granted with respect to the parts listed on Exhibit 2.

         Exhibit 3 (Doc. No. 936-3)

         Exhibit 3 is a list of 30 parts. For the reasons stated at the hearing of April 17, 2018, the contract duration term for all listed parts is January 1, 2004 to November 1, 2008. Accordingly, summary judgment is granted with respect to the parts listed on Exhibit 3.

         Exhibit 4 (Doc. No. 936-4)

         Exhibit 4 is a list of the 56 parts that are also the subject of EHP's "Renewed Motion for Partial Summary Judgment as to Certain Parts not Within Enforceable Part Categories" (EHP's "Exclusion Motion"). At the April 17th hearing, the Court ruled that 35 of the parts, parts that EHP never purchased from Whitesell, are excluded from Whitesell's breach of contract claim. Those parts are listed on Exhibit A to EHP's Exclusion Motion (doc. no. 893-2). The Court deferred ruling on the remaining 21 parts, parts that EHP claims were only purchased from Whitesell on a de minimis basis, to allow further briefing. Those parts are listed on Exhibit B to EHP's Exclusion Motion (doc. no. 893-3). However, Whitesell concedes that it is not asserting a claim for breach of contract with respect to five of the 21 de minimis parts: Part Nos. 077058-000, 054287-000, 134932400, 137099100, and 73202-2540. ...


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