STM Networks, Inc. v. Clay Pacific S.R.L.

MEMORANDUM **

Defendants Clay Pacific S.R.L., a Bolivian corporation, and Pacific Telecom S.A., a Bolivian limited liability company, appeal the district court’s grant of partial summary judgment and the entry of judgment in favor of Plaintiff STM Networks, Inc., following a jury trial, for non-payment of a $485,100 purchase order. We affirm.

1. The district court did not err in granting partial summary judgment to Plaintiff. On de novo review, Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002), we hold that the district court properly limited the scope of trial to whether Plaintiff breached the Business Partnership Agreement after the bankruptcy of STM Wireless. Defendants do not point to any pre-bankruptcy breaches by STM Wireless and therefore were not harmed by the limitation of which they complain. Defendants’ general claim that the Business Partnership Agreement included a non-contingent, absolute obligation to deliver free equipment to Defendants was rejected by the jury.

2. The district court did not abuse its discretion in giving jury instructions consistent with its ruling on partial summary judgment. See Tritchler v. County of Lake, 358 F.3d 1150, 1154 (9th…