Ford Motor Credit Co. v. Daugherty

MEMORANDUM *

The district court properly dismissed Daugherty’s and Daugherty Lincoln Mercury, Inc.’s (DLMI) claims against Ford Credit and Lincoln Mercury because they were barred by the collateral estoppel doctrine. 1 The claims Daugherty and DLMI pursued in their Third Amended Answer were based on the same facts presented in Daugherty’s administrative protest of Ford’s notice to terminate its franchise with Daugherty.

Four of Daugherty’s and DLMI’s counterclaims in their Fourth Amended An *501 swer, counterclaims two, three, six, and seven, were based on different facts than those presented in the administrative hearing. Therefore, the district court properly sustained those claims and properly dismissed the remaining counterclaims because they were based on the same facts as those presented in the administrative hearing.

As to the surviving claims in Daugherty’s and DLMI’s Fourth Amended Answer, we affirm the district court’s summary judgment order granted in favor of Ford Credit and Lincoln Mercury. Under Federal Rule of Civil Procedure 56(e), when a motion for summary judgment is made, the adverse party’s response, by affidavits or as otherwise provided by the rule, must…