Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Precision IBC, Inc. v. 1019 Group, LLC

United States District Court, S.D. Alabama, Southern Division

March 28, 2017

PRECISION IBC, INC., Plaintiff,
v.
1019 GROUP, LLC DBA PHOENIX CHEMICAL TECHNOLOGIES, LLC Defendant.

          MEMORANDUM ORDER AND OPINION

          WILLIAM E. CASSADY, UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on Plaintiff Precision IBC, Inc.'s (“Precision”) Motion for Summary Judgment (Doc. 45) and Motion to Enforce Court's December 1, 2016 Order and/or For Sanctions (Doc. 47). The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. § 636(c), for all proceedings in this Court. (Doc. 32 (“In accordance with the provisions of 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings.”)).

         Upon consideration of the motions of Plaintiff Precision (Docs. 45 & 47), the pleadings, the applicable law, and having noted no opposition from Defendant Phoenix Chemical Technologies, LLC, for the reasons explained below, the Court finds that Plaintiff Precision's Motion for Summary Judgment (Doc. 45) and Motion to Enforce Court's December 1, 2016 Order and/or For Sanctions (Doc. 47) are due to be GRANTED.

         FINDINGS OF FACT

         Precision's evidentiary submission establishes the following facts:

         A. Precision

         1. Precision supplies intermediate bulk containers (“IBCs” or “tanks”) for use in the shipment and/or storage of various products, including, in some instances, hazardous chemicals. (Doc. 45-1, Decl. of Neil Christopher at ¶¶ 2 and 5). Precision's business is mostly in the form of tank rentals as opposed to sales. Precision supplies both stainless steel and polyethylene (plastic) tanks as well as related equipment to its customers. (Doc. 45-1 at ¶ 2). When Precision leases equipment to a customer, the customer is asked to execute a written rental agreement that sets forth the parties' various obligations and the remedies in the event of a breach of those obligations. (Doc. 45-1 at ¶ 2).

         B. The Rental Agreement and Phoenix's Default

         2. On or about November 28, 2012, Phoenix executed a Rental Agreement pursuant to which Phoenix leased thirty (30) 250-gallon stainless steel tanks and thirty (30) access stands. (Doc. 45-2, “Rental Agreement”.)

         3. Pursuant to the Rental Agreement, Phoenix was required to make timely rental payments to Precision at its principal office in Fairhope, Alabama, and the failure to do so is defined as a default under the Rental Agreement. (Doc. 45-1 at ¶ 5; Doc. 45-2 at ¶ 17). Further, the Rental Agreement obligates Phoenix to maintain and, at the end of the rental term, return Precision's tanks in clean and good condition to Precision's Fairhope office:

Rental Tank Return Policy
Returned tanks must be free of all product. Tanks must be returned triple-rinsed, drip-dried, and free and clean of product and odor, both internally and externally, in the same clean condition as originally received. Tanks must be complete with lid, valve, caps, plugs, etc.
. . . .
9. RETURN OF EQUIPMENT. Upon termination of this Agreement, Lessee will return the Equipment to Lessor, freight prepaid, to its address in Fairhope, Alabama, designated herein, or to such other location designated by Lessor, in the same condition and repair as when ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.