After review of the briefs and other filings accompanying the parties' motions and cross motions, the Court concluded DLL was entitled to summary judgment in its favor as to its claims and entered an Order to this effect on J(ECF No. The contracts between DLL and Defendants each state that Pennsylvania law will control and the Court has determined that Pennsylvania law will govern DLL's claims. There has been extensive briefing and oral argument on the parties' claims, and related issues. 08-534), and on Defendants' Counterclaims against DLL. ("NCC") (hereinafter collectively "Defendants") (ECF Nos. ("Viewpoint") and third-party Defendant Northcentral Communications, Corp. 56 on its sole claim in this case, for breach of contract, against Defendants Rasa Floors & Carpet Cleaning, LLC ("Rasa") Viewpoint Computer Animation, Inc. (hereinafter "Plaintiff" or "DLL") has moved for summary judgment pursuant to Fed.R.Civ.P. Plaintiff De Lage Landen Financial Services, Inc. Defendants Fail to Establish the Requisite Elements of Their RICOĬounterclaims Against DLL.846 Defendants' RICO Claims Against DLL.845ġ. Claims Under Various Consumer Protection Laws.845Ĭ. Defendants Have Not Established Misrepresentation by DLL andĭLL Had No Obligation to Disclose Information to Defendants.843ī. Language of Finance Lease Contracts.842ģ. Defendants' Agency Arguments Are an Attempt to Circumvent Defendants' Theory of Agency by Estoppel Is Without Merit.842Ĭ. Defendants' Theory of Apparent Agency Is Without Merit.841ī. Conduct of Capital 4 May Not Be Imputed to DLL.839Ī. Defendants Have Not Established Misrepresentation by Capital 4.838Ģ. Defendants Have Not Shown a Genuine Issue of Material Fact as toįraudulent Misrepresentation.837ġ. DLL Is Entitled to Summary Judgment on Defendants' Counterclaims.837Ī. Judgment in Favor of DLL and Against Rasa, Viewpoint and NCC.835 Assertions By Third Party HP Do Not Prevent the Entry of Summary Defendants' Argument Regarding Illegality Are Without Merit.833 Defendants' Arguments Regarding Breach by DLL and Mutual Rasa's Argument Regarding Breach by DLL Is Without Merit.830ģ. Defendants Cannot Establish that the Lease Agreements Are
Defendants' Defenses Are Unavailing.829ġ. As a Matter of Law, DLL Has Established that Defendants Breached Under Pennsylvania Law, DLL Is Entitled to Summary Judgment thatĭefendants Breached the Contract Between Defendants and DLL, as a MEMORANDUM RE: PLAINTIFF'S AND OTHER PARTIES' MOTIONS FOR SUMMARY JUDGMENT ON PLAINTIFF'S BREACH OF CONTRACT CLAIM AND DEFENDANTS' COUNTERCLAIMS Gossett, Gossett & Gossett, P.A., Hollywood, FL, for Rasa Floors, LP. Berger, Weir & Partners LLP, Philadelphia, PA, Ronald P. Lawrence Holmes, Dilworth Paxson LLP, Philadelphia, PA, for De Lage Landen Financial Services, Inc. Viewpoint Computer Animation, Inc., et al. 792 F.Supp.2d 812 (2011) DE LAGE LANDEN FINANCIAL SERVICES, INC.
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