Imaging Financial Services, Inc. v. Graphic Arts Services, Inc.

172 F.R.D. 322, 1997 U.S. Dist. LEXIS 3776, 1997 WL 154900
CourtDistrict Court, N.D. Illinois
DecidedMarch 28, 1997
DocketNo. 95 C 5212
StatusPublished
Cited by1 cases

This text of 172 F.R.D. 322 (Imaging Financial Services, Inc. v. Graphic Arts Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Imaging Financial Services, Inc. v. Graphic Arts Services, Inc., 172 F.R.D. 322, 1997 U.S. Dist. LEXIS 3776, 1997 WL 154900 (N.D. Ill. 1997).

Opinion

MEMORANDUM OPINION AND ORDER

KEYS, United States Magistrate Judge.

This matter comes before the Court on both Plaintiffs and Third Party Defendant’s motions for summary judgment, pursuant to Federal Rule of Civil Procedure 56. For the following reasons, this Court grants both motions for summary judgment.1

BACKGROUND

Plaintiff, Imaging Financial Services, Inc. (“Imaging”), also known as Eastman Kodak Credit Corporation or EKCC, filed this lawsuit against Defendant, Graphic Arts Services, Inc. (“Graphic Arts”), seeking to recover monies allegedly owed under finance contracts entered into between Imaging and Graphic Arts. Graphic Arts then filed a third party action against Eastman Kodak Company for breach of implied and express warranties, but subsequently amended its Third Party Complaint to name Kodak Electronic Printing Systems, Inc. (“Electronic”), as the Third Party Defendant. This Court has diversity jurisdiction.

FACTS

Imaging is a corporation organized under the laws of Delaware, with its principal place of business in New York. (Plaintiffs Statement of Material Uncontroverted Facts [Imaging 12(M) ], H1.) At all relevant times, Graphic Arts was an Illinois corporation with its registered office and its principal place of business located in Illinois. (Imaging 12(M), 112.) Electronic, is a corporation organized under the laws of Delaware, with its principal place of business in Massachusetts. (Statement of Material Facts of Third Party Defendant in Support of its Motion for Summary Judgment [Electronic 12(M) ], H 2.)

On March 28, 1991, Graphic Arts entered into an Agreement for Purchase of Products and License of Programs (“Purchase Agreement”, collectively the three Purchase Agreements will be referred to as (“Purchase Agreements”))2 to purchase a Kodak Prophecy Color Workstation (“Workstation”) from Electronic. (Electronic 12(M), 6.) On or about April 6, 1991, Imaging and Graphic Arts entered into a second agreement, (“Lease 1”), in which Imaging agreed to finance the purchase of, and to lease to Graphic Arts, the Workstation, for a period of forty-two months. (Imaging 12(M), 115.) Under the terms of this lease, Graphic Arts agreed to pay a total of $131,845.68 payable in thirty-six monthly payments of $3,662.38. (Imaging 12(M), 11 6.) The first six months of this lease required no payment by Graphic Arts. (Id.) The Workstation was delivered to Graphic Arts, by Electronic, on April 5,1991. (Electronic 12(M), 117.)

On January 22, 1991, Graphic Arts entered into a Purchase Agreement to purchase an Optronics Colorgetter (“Colorgetter”) from [324]*324Electronic. (Electronic 12(M), 114.) On or about February 12, 1991, Imaging and Graphic Arts entered into an agreement, (“Lease 2”), in which Imaging agreed to finance the purchase of, and to lease to Graphic Arts, the Colorgetter, for a period of sixty months. (Imaging 12(M), 117.) Under the terms of this lease, Graphic Arts agreed to pay rent of $86,136.60 in sixty monthly payments of $1,435.61. (Imaging 12(M), U 8.) Electronic delivered the Colorgetter to Graphic Arts on February 21, 1991. (Electronic 12(M), 11 5.)

On November 22, 1991, Graphic Arts entered into a Purchase agreement to purchase a Kodak Optronics Colorgetter Upgrader Kit (“Upgrader Kit”) and HPG Upgrade Option from Electronic. (Electronic 12(M), If 8.) On or about May 28, 1992, Imaging and Graphic Arts entered into a third agreement, (“Lease 3”), in which Imaging agreed to finance the purchase of, and to lease to Graphic Arts, the Upgrader Kit and HPG Upgrade Option, for a period of thirty-six months. (Imaging 12(M), 119.) Under the terms of this third lease, Graphic Arts agreed to pay rent of $35,110.74 in three monthly payments of $557.18 and thirty monthly payments of $1,114.64. (Imaging 12(M), 1110.) The first three months of this lease required no payments by Graphic Arts. (Id.) Electronic delivered the Upgrader Kit and HPG Upgrade Option to Graphic Arts on May 28, 1992. (Electronic 12(M), H 9.)

The provisions of Leases 1, 2, and 3 (collectively “the Leases”) are identical — only the duration and the amount of the monthly payments vary. The Leases provide that Imaging specifically disclaims any performance warranties to Graphic Arts for any of the leased equipment. (Imaging 12(M), 1111.) In addition, in the event of a default by Graphic Arts, the Leases authorize Imaging to accelerate the remainder due as a remedy. (Imaging 12(M), U12.) The Leases also provide that Graphic Arts will pay a late charge of ten percent for each installment payment which remains overdue for more than thirty days. (Imaging 12(M), H 14.)

Graphic Arts has failed, and refused, to make any payments under Lease 1 since May 6, 1993.3 The total due under Lease 1 is $65,922.84. (Imaging 12(M), H 16.) Further, Graphic Arts has failed to pay late charges, in the amount of $6,594.84, which began to accrue on May 6, 1993. (Imaging 12(M), K17.) Graphic Arts has also failed, and refused, to make any payments under Lease 2 since October 12, 1994. The total due under Lease 2 is $24,405.37. (Imaging 12(M), 1119.) In addition, Graphic Arts has also failed to pay late charges, in-the amount of $1-,148.48, which began to accrue on October 12, 1994. (Imaging 12(M), 1120.) Finally, Graphic Arts has also failed, and refused, to make any payments under Lease 3 since October 28,1994. The total due under Lease 3 is $8,917.12. (Imaging 12(M), 1122.) As with the other leases, Graphic Arts has also failed to pay late charges, which began to accrue on October 28, 1994 and total $780.22. Imaging 12(M), 23. On or about June 29, 1995, Imaging accelerated the remainder due under the Leases. (Imaging 12(M), 1113.) As of March 31, 1996, the amount Graphic Arts owed on the Leases, including late fees, totaled $107,768.87; this total does not include interest, costs, or attorneys fees.

SUMMARY JUDGMENT STANDARD

Under the Federal Rules of Civil Procedure, summary judgment is appropriate if “there is no genuine issue as to any material fact, and ... the moving party is entitled to a judgment as a matter of law.” FED. R. CIV. P. 56(c). This standard places the initial burden on the moving party to identify “those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) (quoting FED. R. CIV. P. 56(c) ) Summary judgment is then appropriate, unless there is “sufficient evidence favoring the non-moving party for a jury to return a verdict for that party.” County of Vernon v. United States, 933 F.2d 532, 534 (7th Cir.1991); see also Jones v. Banks, 878 F.Supp. 107, 110 (N.D.Ill.1995).

[325]*325In deciding a motion for summary judgment, the Court must view all facts in the light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986);

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172 F.R.D. 322, 1997 U.S. Dist. LEXIS 3776, 1997 WL 154900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imaging-financial-services-inc-v-graphic-arts-services-inc-ilnd-1997.