Katahdin Paper Co. v. U & R Systems, Inc.

231 F.R.D. 110, 2005 U.S. Dist. LEXIS 19456, 2005 WL 2160040
CourtDistrict Court, D. Maine
DecidedAugust 30, 2005
DocketNo. CV-05-64-B-W
StatusPublished
Cited by7 cases

This text of 231 F.R.D. 110 (Katahdin Paper Co. v. U & R Systems, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Katahdin Paper Co. v. U & R Systems, Inc., 231 F.R.D. 110, 2005 U.S. Dist. LEXIS 19456, 2005 WL 2160040 (D. Me. 2005).

Opinion

ORDER ON PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

WOODCOCK, District Judge.

Katahdin Paper Company, LLC’s (“Katah-din”) requests default judgment against U & R Systems, Inc. (“U & R”). Katahdin has satisfied this Court that U & R did not “appear” in this matter within the meaning of Fed.R.Civ.P. 55(b)(2) as interpreted by [111]*111Key Bank of Maine v. Tablecloth Textile Co. Corp., 74 F.3d 349 (1st Cir.1996) and that it has a proper evidentiary and legal basis for its damages claim. This Court, therefore, GRANTS Katahdin’s Motion for Default Judgment and ORDERS Default Judgment entered on Katahdin’s behalf in the amount of $498,981.48.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts As Alleged in the Complaint

Katahdin’s allegations against U & R are “taken as true and ... considered established as a matter of law.” Libertad v. Sanchez, 215 F.3d 206, 208 (1st Cir.2000) (quoting Brockton Sav. Bank v. Peat, Marwick, Mitchell & Co., 771 F.2d 5,13 (1st Cir.1985)); see also In re Home Rests., Inc., 285 F.3d 111, 114 (1st Cir.2002) (citing Franco v. Selective Ins. Co., 184 F.3d 4, 9 n. 3 (1st Cir.1999) (“A party who defaults is taken to have conceded the truth of the factual allegations in the complaint as establishing the grounds for liability____”)). Katahdin owns and operates paper-manufacturing facilities in East Millinocket, Maine. Complaint at ¶ 5. To generate power, Katahdin maintains a bark-burning boiler (the “Bark Burning Boiler”). Id. at ¶¶ 1, 5, 6. When bark is burned, large quantities of ash and other debris are generated in the firebox. Id. at ¶ 6. This ash and debris must be removed. Id. Prior to May 2004, Katahdin employees manually operated rakes to sift ash and other debris through grates on the floor of the firebox and onto a chain conveyor system. Id. at ¶ 7. Because this procedure was cumbersome and inefficient, Katahdin sought a mechanized rake system to perform this task. Id.

U & R, a Canadian company based in Vancouver, British Columbia, designs and manufactures boiler components. Katahdin contracted with U & R to purchase a mechanized ash rake (the “Ash Rake”) for clearing ash and other debris out of the firebox for $138,100 of which Katahdin has paid $96,670. Id. at ¶¶2, 8. Concerned that the existing grates in the Bark Burning Boiler might not be compatible with the Ash Rake, a U & R representative recommended that Katahdin install six new mechanized grates (the “Grates”) on the floor of the firebox for use in conjunction with the Ash Rake. Id. at ¶ 9. Katahdin contracted to purchase the Grates from U & R, and U & R warranted that the Grates would be free of design or manufacturing defects. Id. at ¶¶ 9, 13. Katahdin paid $214,700 for the Grates. Id. at ¶ 12.

U & R personnel observed the operation and configuration of the Bark Burning Boiler prior to the design, manufacture, and installation of the Grates. Id. at ¶ 10. U & R then custom designed and manufactured the mechanized Grates for installation in the Bark Burning Boiler. Id. U & R’s design used a stiff chain drive mechanism to open and close the Grates. Id. at ¶ 11. The stiff chain is like a large bicycle chain with rollers on the outside. Id. The rollers fit into a track (or “chain way”) in which the chain should move up and down. Id. Because of the narrow clearance between the rollers and the track, this design provided for a clean, debris-free environment. Id.

A third-party contractor installed the Grates on or about May 8, 2004. Id. at ¶¶ 14-16. A U & R representative was present as the Grates were being installed and for a test of the Grates under cold conditions, i.e., without fire in the firebox. Id. at ¶ 15. Notwithstanding Katahdin’s expectations and specific request, the U & R representative departed before the Bark Burning Boiler was started and thus before the Grates could be tested under operational conditions. Id. Within days of installation, the Grates started to “freeze,” either in the open or the closed position. Id. at ¶ 17. Less than four weeks after installation, Katahdin notified U & R that the Grates were malfunctioning. Id. at ¶ 18. Written notice was given from Katahdin to U & R in a letter dated June 28, 2004. Id.

Despite Katahdin’s request for assistance, U & R did not, and has not, sent a representative to East Millinocket to fix the problem, or even to investigate. Id. at ¶ 19. However, at U & R’s recommendation, and at great expense, Katahdin undertook a number of steps to correct the problem with the sticking Grates, including the installation of a system to mechanically force the Grates downward [112]*112(U & R’s design relied on gravity), and the installation of an air blower system to keep the chain system free of debris. Id. at ¶ 20. These remedial efforts proved unsuccessful. Id.

On February 16, 2005, two and a half weeks after giving written notice to U & R of its intention to remove the Grates and inviting U & R one final opportunity to observe their condition, Katahdin removed the malfunctioning Grates. Id. at ¶21. Inspection of the U & R grate system, both before and after removal, established that the chain drive system was not equipped to prevent ash and other debris generated in the ordinary course of operating the Bark Burning Boiler from getting into the track in which the chain runs and obstructing its movement. Id. at ¶ 22. U & R’s design was destined to fail because ash and other debris were inevitably going to become wedged between the chain rollers and the track in which they run, causing the chain to jam. Id. at ¶ 23. The Grates should have, been designed with greater clearance, and/or the U & R representative on site in East Millinocket should have recommended greater trimming of the Grates, to prevent them from hanging up (getting stuck) on other boiler components. Id. at ¶ 24.

B. Procedural History

On May 4, 2005, Katahdin filed a Complaint against U & R. (Docket # 1). The Complaint had four counts: 1) Count I, breach of contract; 2) Count II, breach of express warranty; 3) Count III, breach of implied warranty of merchantability in violation of 11 M.R.S.A. § 2-314; and, 4) Count IV, breach of implied warranty of fitness for a particular purpose in violation of 11 M.R.S.A. § 2-315. Katahdin requested inter alia: compensatory, incidental, and consequential damages arising from U & R’s breaches of contract, express warranty, and implied warranties.

U & R was served on May 18, 2005. (Docket # 4).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Howard v. Redline Global, LLC
D. Puerto Rico, 2023
CSXT Intermodal, Inc. v. Mercury Cartage, LLC
271 F.R.D. 400 (D. Maine, 2010)
Shaw v. 500516 N.B. Ltd.
668 F. Supp. 2d 237 (D. Maine, 2009)
ELEKTRA ENTERTAINMENT GROUP INC. v. Carter
618 F. Supp. 2d 89 (D. Maine, 2009)
BMG Music v. MARSTERS
616 F. Supp. 2d 151 (D. Maine, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
231 F.R.D. 110, 2005 U.S. Dist. LEXIS 19456, 2005 WL 2160040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katahdin-paper-co-v-u-r-systems-inc-med-2005.