ProLite Building Supply, LLC v. Ply Gem Windows, No. 17-3149 (7th Cir. 2018)Annotate this Case
Prolite Building Supply bought Ply Gem windows, which it resold to Wisconsin builders. Some homeowners were not satisfied with the windows, which admitted air even when closed. Contractors stopped buying from Prolite, which stopped paying Ply Gem. Prolite and homeowners sued. Ply Gem removed the action to federal court and counter-claimed against Prolite for unpaid bills. Additional parties intervened. The Seventh Circuit affirmed summary judgment in favor of Prolite. The court vacated the judgment on the homeowners’ claims for remand to state court. The service agreement between Prolite and Ply Gem requires Prolite to repair the Ply Gem windows in exchange for a discount and needed parts. There was no breach of that agreement. The homeowners’ claims can be resolved under supplemental jurisdiction only if they “are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy,” 28 U.S.C. 1367(a). The language of the window warranties received by the homeowners and the service agreement did not overlap. Prolite complained that Ply Gem did not do enough to ensure that its customers (the builders) remained willing to purchase Ply Gem windows. The homeowners just wanted to stop drafts and moisture. The nature of the work done differed.