American Builders & Contractors Supply Co., Inc. d/b/a ABC Supply Co., Inc. v. Stella Management Systems, Inc. d/b/a Stella Management Systems, et al.

Summary

The United States District Court for the Middle District of Pennsylvania addresses Plaintiff ABC Supply’s motion for summary judgment against Stella Management Systems and Julia Shvenke. The court grants summary judgment on liability for breach of contract and breach of personal guaranty, based in part on the defendants’ concessions, but denies summary judgment on damages because the calculation of late payment charges is unclear. The court orders additional briefing on late fees, mechanic’s liens, payments, attorney’s fees, total damages, and the status of the remaining claims.

Holdings

1. Summary judgment was warranted on liability for Counts I and VI because the defendants conceded liability on the breach-of-contract and personal-guaranty claims.
2. Summary judgment was denied as to damages because the amount of late-payment charges could not be ascertained with reasonable certainty from ABC's calculations, even though the parties identified no factual dispute requiring a trial.
3. The court could sua sponte review and potentially grant summary judgment on damages after providing notice and an opportunity for the parties to oppose that disposition.

Questions Presented

1. Whether summary judgment should be entered on liability for ABC's breach-of-contract and personal-guaranty claims where the defendants conceded liability.
2. Whether summary judgment should be entered on the amount of damages, including late-payment charges accruing after February 29, 2024, attorney fees, and other amounts.
3. Whether the absence of a factual dispute concerning damages nevertheless permitted summary judgment when ABC's damages calculations could not be reasonably ascertained from the submissions.

Disposition

other