Free Motion for Summary Judgment - District Court of Arizona - Arizona

1 Russell K. Ryan #139835
2 MOTSCHIEDLER, MICHAELIDES & WISHON, LLP
1690 West Shaw Avenue, Suite 200
3 Fresno, California 93711
Telephone (559) 439-4000
4 Facsimile (559) 439-5654
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Attorneys for Plaintiff QC CONSTRUCTION i
6 PRODUCTS, LLC, a Delaware Limited Liability Company I
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8 UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA A
10 QC CONSTRUCTION PRODUCTS, Case No. CV ‘O3 1997 PHX ROS
ll LLC, a Delaware Limited Liability
Company, MOTION FOR SUMMARY
12 ADJUDICATION ON
13 Plaintiff, PLAINTIFF’S CLAIM FOR
RELIEF FOR BREACH OF
14 V. coNTRAcr AND coUNTER-
COMPLAINANT’S
15 COHILL’S BUILDING SPECIALTIES, COUNTERCLAIM FOR RELIEF
16 INC. and MICHAEL COHILL, FOR BREACH OF CONTRACT
17 Defendants. Oral Argument Requested
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19 Pursuant to Rule 56 of the Federal Rules of Civil Procedure Section, QC
20 Construction Products moves for summary adjudication on: (1) its first claim for relief in
2] its com laint for breach of contract; and 2 the first claim for relief in the counterclaim
P
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filed by Cohills Building Specialties, Inc. ("C0hills") for breach of contract. This motion
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24 is made on the basis that there is no triable issues of fact which warrant the weighing
25 procedures of trial in this action because: (I) it is undisputed that Cohills breached the
26 contract and there is no legal or factual basis that excuses this breach; and (2) it is
27 undisputed that QC either did not breach the contract or any such breaches were waived
mLs£E»S;%;ER, 28 by Cohills continuing to do business with QC and complying with the contract terms.
& WISHON, LLP
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°" tl 4] · I ° ° Motion for Summary Adjudication

1 This motion is based on the accompanying memorandum of points and
2 authorities filed herewith, the separate statement of undisputed facts and evidence
3 attached thereto, the documents and records filed in this action, and upon such other
5 evidence or argument that may be presented at the hearing on this motion.
6 Dated: August 19, 2005 MOTSCHIEDLER, MICHAELIDES
7 & WISHON, LLP
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By: /s/
9 Russell K. Ryan
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Case 2:03-cv-01997-ROS

Document 46

Filed 08/19/2005

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Case 2:03-cv-01997-ROS

Document 46

Filed 08/19/2005

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