Executive Aeronautical Group, LLC v. Maintenance Express, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

EXECUTIVE AERONAUTICAL GROUP, Case No. 19-cv-08370-VC

LLC,

Plaintiff, ORDER DENYING PLAINTIFF'S

MOTION FOR SUMMARY

v. JUDGMENT; GRANTING SUA

SPONTE PARTIAL SUMMARY

MAINTENANCE EXPRESS, INC., JUDGMENT IN FAVOR OF

DEFENDANT

Defendant. Re: Dkt. No.

Executive Aeronautical’s motion for summary judgment is denied for two independent reasons. First, after seeking permission to file a late summary judgment motion on the grounds that a newly discovered legal argument would be dispositive of the case, Executive Aeronautical filed a motion that was substantively different from and beyond the scope of the motion it was granted permission to file. Second, as a substantive matter it is clear that there are genuine disputes of material fact as to whether Maintenance Express could be liable on the theory that they failed to notice that the cylinder they were installing was defective. However, having given Executive Aeronautical notice and an opportunity to respond pursuant to Rule 56(f) (Dkt. No. 75), the Court now grants summary judgment in favor of Maintenance Express on…