DAB, Incorporated v. Sunbelt Rentals, Inc., 7:16-cv-5004. (2017)
Court: District Court, D. Nebraska
Number: infdco20171023k02
Visitors: 10
Filed: Oct. 02, 2017
Latest Update: Oct. 02, 2017
Summary: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S COUNTERCLAIMS RICHARD G. KOFF , Magistrate Judge . Defendant Sunbelt Rentals, Inc. ("Sunbelt") requests that the Court enter summary judgment in favor of Sunbelt on its counterclaims, pursuant to Federal Rule of Civil Procedure 56 and NECivR 56.1. In support of this motion, Sunbelt submits an Index of Evidence containing the Declarations of Kurt Kenkel, Jake Stout, Ken Postal, and Matthew Mall. For the reasons discussed in the accompany
Summary: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S COUNTERCLAIMS RICHARD G. KOFF , Magistrate Judge . Defendant Sunbelt Rentals, Inc. ("Sunbelt") requests that the Court enter summary judgment in favor of Sunbelt on its counterclaims, pursuant to Federal Rule of Civil Procedure 56 and NECivR 56.1. In support of this motion, Sunbelt submits an Index of Evidence containing the Declarations of Kurt Kenkel, Jake Stout, Ken Postal, and Matthew Mall. For the reasons discussed in the accompanyi..
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DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S COUNTERCLAIMS
RICHARD G. KOFF, Magistrate Judge.
Defendant Sunbelt Rentals, Inc. ("Sunbelt") requests that the Court enter summary judgment in favor of Sunbelt on its counterclaims, pursuant to Federal Rule of Civil Procedure 56 and NECivR 56.1. In support of this motion, Sunbelt submits an Index of Evidence containing the Declarations of Kurt Kenkel, Jake Stout, Ken Postal, and Matthew Mall. For the reasons discussed in the accompanying brief, Sunbelt requests that the Court enter summary judgment on Sunbelt's counterclaims, as follows:
• Equipment Plaintiffs Sold to Sunbelt Without Clean Title ("Assets with RPOs"). Sunbelt is entitled to summary judgment on liability for this claim against all Plaintiffs. Sunbelt is also entitled to summary judgment on damages in the amount of $61,978.
• Trucks Plaintiffs Sold to Sunbelt Without Clean Title ("Ag Navigator RPOs"). Sunbelt is entitled to summary judgment on liability for this claim against all Plaintiffs. Sunbelt is also entitled to summary judgment on damages in the amount of $30,590.
• Equipment Plaintiffs Sold Before Closing ("Recently Sold Equipment"). Sunbelt is entitled to summary judgment on liability for this claim against DAB, Inc. and NCS Transportation, Inc. Sunbelt is also entitled to summary judgment on damages in the amount of $191,782.22.
• Damaged Equipment Plaintiffs Sold to Sunbelt ("Defective Equipment"). Sunbelt is entitled to summary judgment on liability for this claim against DAB, Inc. and NCS Transportation, Inc. Sunbelt is also entitled to summary judgment on damages in the amount of $167,483.91.
• Uncollectable Accounts Receivable Shortfall. Sunbelt is entitled to summary judgment on liability for this claim against DAB, Inc. and NCS Transportation, Inc. Sunbelt is also entitled to summary judgment on damages in the amount of $182,263.
• Assets Removed On the Eve of Closing. Sunbelt is entitled to summary judgment on liability for this claim against all Plaintiffs. Sunbelt is also entitled to summary judgment on damages in the amount of $93,503.
Sunbelt respectfully requests that the Court enter summary judgment in favor of Sunbelt on its counterclaims.
Source: Leagle
