Nebraskaland, Inc. v. River Street Idealease, LLC

188 F. Supp. 3d 390, 2016 U.S. Dist. LEXIS 65552, 2016 WL 2901668
CourtDistrict Court, D. New Jersey
DecidedMay 18, 2016
DocketCivil Action No.: 13-1270 (JLL)
StatusPublished
Cited by3 cases

This text of 188 F. Supp. 3d 390 (Nebraskaland, Inc. v. River Street Idealease, LLC) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nebraskaland, Inc. v. River Street Idealease, LLC, 188 F. Supp. 3d 390, 2016 U.S. Dist. LEXIS 65552, 2016 WL 2901668 (D.N.J. 2016).

Opinion

OPINION

LINARES, District Judge

This matter comes before the Court by way of a Motion for Partial Summary Judgment filed by Defendant River Street Idealease, LLC (“River Street”). (ECF No. 47). Plaintiff Nebraskaland, Inc. (“Ne-braskaland”) has opposed this motion (ECF No. 50), and Defendant has replied to that opposition (ECF No. 53). The Court decides this matter without oral argument pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons set forth below, the Court grants in part and denies in part Defendants’ Motion for Partial Summary Judgment.

BACKGROUND

Plaintiff Nebraskaland is a wholesale distributor of meat and frozen food products, with its principle place of business in the Bronx, New York. (ECF No. 47-3, Def.’s Statement of Undisputed Material Facts, “SOF” ¶¶2, 4). Nebraskaland utilizes refrigerated trucks to distribute its products to its clients in New York and the surrounding area. (ECF No. 17, Am. [393]*393Compl. ¶ 5). Defendant River Street, with its principle place of business in Hacken-sack, New Jersey, is in the business of leasing commercial trucks, including refrigerator trucks, to distributors such as Nebraskaland. (Id. ¶¶ 2, 6). On January 4, 2011, Nebraskaland and River Street entered into a Vehicle Lease and Service Agreement (the “Lease”) in which it was agreed that Plaintiff would lease four vehicles from Defendant for a term of 72 months. (Compl. ¶ 7; SOF ¶ 10).

Among other provisions, the Lease identifies the responsibilities of each party with respect to the maintenance and repair of the vehicles. (See Am. Compl., Exh. A, the Lease). For example, paragraph 7 of the Lease identifies charges for which Nebras-kaland will be held responsible, while paragraph 4 enumerates the services that River Street is to provide.- (Id). On January 23, 2013, prior to the expiration of the Lease term, River Street sent a letter to Nebraskaland which stated that Nebraska-land was in default of $15,665.73 and that accordingly, River Street had repossessed the leased vehicles pursuant to the terms of the Lease. (ECF No. 50-2, Certification of Stanley Marvel, “Marvel Cert”, Exh. A.). Thereafter, on January 25, .2013, Ne-braskaland mailed a check for' $15,665.73 allegedly owed to Defendant with an accompanying letter in which it reserved its “rights and remedies with respect to any disputed charges included in the total payment” and requested that Defendant immediately return the repossessed vehicles. (Id., Exh. C; SOF ¶ 35).

According to Defendant, “once [River Street] had the Vehicles back in its possession, [River Street], for the first time, saw that Nebraskaland had caused extensive damage to the Vehicles” which allegedly included gouges and dents to the body of the trucks. (SOF ¶¶ 36-37). River Street states that damage to the vehicles totaled $7,116.42. (SOF ¶ 40). Notwithstanding its receipt of Plaintiffs check in satisfaction of River Street’s January 23, 2013 demand letter, Defendant advised Plaintiff that it would not be returning the repossessed vehicles until it was reimbursed for the damage to those vehicles. (Am. Compl. ¶ 18; SOF ¶ 36-39). Nebraskaland did not pay the $7,116.42 demanded from Defendant, and on February 4, 2013, Nebraska-land declared River Street to be in default of the Lease on account of its failure to return the vehicles. (Am. Compl. ¶ 20).

Against this backdrop, on March 4, 2013, Plaintiff initiated the present action against Defendant. Specifically, Nebraska-land asserts claims for breach of contract (Count I), unjust enrichment (Count.Ill), and a breach of the covenant of good faith and fair dealing (Count IV). Plaintiff also accuses River Street of unfair trade practices and fraud in violation of the New Jersey Consumer Protection Leasing Act (“CPLA”) (Count V). Defendant, for its part, has asserted counter-claims against Plaintiff for breach of contract (Count I) and unjust enrichment (Count II). (ECF No. 18).

In addition to the above contract-based and CPLA claims, Plaintiff brings a tort claim in conversion (Count III) against Defendant. Plaintiff accuses Defendant of refusing to return the following property contained in the four repossessed vehicles: four GPS systems (alleged to be worth $2,000), four EZ Passes (alleged to be unlawful charged no less than $1,327.30 by Defendant’s use), and fuel. (Am. Compl. ¶ 36).

On March 23, 2016, Defendant filed the instant Motion for Partial Summary Judgment. (ECF No. 47, “Def.’s Mov. Br.”). Specifically, Defendant seeks dismissal of Plaintiffs CPLA claim (Count V) and a determination by this Court that Plaintiff is not entitled to recover any consequential or punitive damages with respect to any [394]*394claims alleged. On April 18, 2016, Plaintiff filed an opposition to this Motion (EOF No. 50, “PL’s Op. Br.”) and on May 5, 2016, Defendant filed a reply to same (EOF No. 53, “Def.’s Reply Br.”). The Motion is now ripe for this Court’s adjudication.

LEGAL STANDARD

Summary judgment is appropriate when, drawing all reasonable inferences in the non-movant’s favor, there exists “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “[T]he moving party must show that the non-moving party has failed to establish one or more essential elements of its case on which the non-moving party has the burden of proof at trial.” McCabe v. Ernst & Young, LLP, 494 F.3d 418, 424 (3d Cir.2007) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

The Court must “view the underlying facts and all reasonable inferences thei'efrom in the light most favorable to the party opposing the motion.” Pa. Coal Ass’n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995). Moreover, “[i]n determining the appropriateness of summary judgment, the court should not consider the record solely in piecemeal fashion, giving credence to innocent explanations for individual strands of evidence, for a jury ■... would be entitled to view the evidence as .a whole.” Abramson v. William Paterson College of New Jersey, 260 F.3d 265, 285 (3d Cir.2001) (quoting entirely Howley v. Town of Stratford, 217 F.3d 141, 151 (2d Cir.2000)). If a reasonable juror could return a verdict for the non-moving party regarding material disputed factual issues, summary judgment is not appropriate. See Anderson, 477 U.S. at 242-43, 249, 106 S.Ct.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
188 F. Supp. 3d 390, 2016 U.S. Dist. LEXIS 65552, 2016 WL 2901668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nebraskaland-inc-v-river-street-idealease-llc-njd-2016.