-JFA Toys "R" Us-Delaware, Inc. v. Tots in Mind, Inc. et al, No. 1:2011cv00305 - Document 118 (E.D. Va. 2012)

Court Description: MEMORANDUM OPINION re: Plaintiff's 47 Motion for Sanctions; Plaintiff's 50 Motion to Strike the Affidavit of Mark A. LaMantia; Plaintiff's 40 Motion for Partial Summary Judgment, and Defendant's 55 Motion for Summary Judgment. Signed by District Judge Liam O'Grady on 2/17/12. (dper)

Download PDF
1 CLERK, U.S. DISTRICT COURT Alexandria Division TOYS "R" US-DELAWARE, INC., Plaintiff, v. TOTS IN MIND, INC., Defendant. ) ) ) ) ) ) ) ) ) ALEXANDRIA, VIRGINIA Civil Action No.: 1:1 l-cv-305 MEMORANDUM OPINION Before the Court are Toys "R" Us-Delaware, Inc.'s ('TRU") Motion for Sanctions (Dkt. No. 47), TRU's Motion to Strike the Affidavit of Mark A. LaMantia (Dkt. No. 50), TRU's Motion for Partial Summary Judgment (Dkt. No 40), and Tots in Mind. Inc.'s ('Tots") Motion for Summary Judgment (Dkt. No. 55). BACKGROUND This cause of action is based on an alleged breach of contract. The parties dispute whether their buyer-seller arrangement is governed by the Master Purchase Order ("MPO") agreement. TRU, the buyer, alleges that it sent a copy of the MPO to all of its valued suppliers and that the MPO governed each of the subsequent purchase orders between TRU and these valued suppliers. TRU also claims thai the Shipment Sel Details ("Details'* or "Shipment Details") the instructions governing each of TRU*s electronic purchase orders with its suppliers also referenced the MPO as the governing document between the parties. Consequently. TRU contends that the MPO is a binding agreement between the parlies. Tots, the seller, alleges that it never received the MPO, and that it did not interpret any language in the Shipment Details to reference an external agreement governing the parties* relationship. 1 E FEB I 7 2012 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA I

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.