ADP DEALER SERVICES, INC. et al v. SOUTHERN CALIFORNIA FLEET SERVICES, INC., No. 2:2013cv00334 - Document 41 (D.N.J. 2013)

Court Description: OPINION AND ORDER that Plaintiff's 26 Motion for Partial Summary Judgment as to Count Six of the Plaintiffs' Complaint is GRANTED; that Defendant is to transfer possession of the Equipment to Plaintiffs, at Defendant's expense, within 30 days from the issuance of this Order, etc. Signed by Judge Dennis M. Cavanaugh on 12/19/13. (gmd, )

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NOT FOR PURL1CM ION UNITED STATES DISTRICT CO URT DISTRICT OF NEW JERSEY ADP DEALER SERVICES, INC., as successor-in-interest to ADP, Inc., and ADP COMMERCIAL LEASING, LLC, : Hon. Dennis M. Cavanaugh : OPINION AND ORDER PIaintifl, : Civil Action No, 2:1 3-cv-00334 (DMC) (J13C) SOUTHERN CALIFORNIA FLEET SLRVICES INC d/b/a SOIT I HERN I I L L I SLRVICLS C ORONA and SQl [HLRN CAL IFORNIA FLEET SERVICES. INC. d/b/a SOUTHERN CALII ORNIA FL FIJI SERVICES INC ESCON1)1DO, - - l)e lendants. DENN IS M. CAVANAUGH. U.S.I).J.: This matter comes before the Court upon motion by Plain tiff ADP Dealer Services, Inc., and Plaintiff ADP Commercial Leasing, LLC (collectively, Plaintiffs ) seeking partial summary judgment pursuant to Fed. R. Civ. P. 56 on Count Six of PlaintiIYs Complaint (Repossession of ihL I qulpmLnt) (Compl 68 7 1 lanuuv 16 2013 LU No I) and m oidLI compc1linr [)eIndant Southern Cali Ihrnia Fleet Services, Inc. ( Defendant ) to return all ot the Equipment that it leased from Plainti f1 (the Equipment ) pursuant to the terms of the Master Services Agreement signed by l)efendant on May 26, 201 1 ( MSA ) and the two Equipment Leases signed by Defendant on August 18, 2011 (collectively, Lease s ). (Mot. for Partial Summ. J., May 10, 2013. ECF No. 26). Plaintiffs also seek attorney s fees and costs. as provided for under the terms of the MSA and Leases. Pursuant to FED. R. Civ. P 78, no oral argument was heard. After considering all submissions, and based upon the following; WHEREAS summary judgment is granted only if all probat ive materials of record, viewed with all inferences in favor of the non-moving party, demonstrate that there is no genuine issue of material fact and that the movant is entitled to judgm ent as a matter of law. See dote ccp.\ .Cgtfett, 477 U.S. 317, 330 (1986); FED. R. Civ, P. 56(c); WHEREAS it is undisputed that Defendant leased the Equipm ent from Plaintiffs pursuant to the MSA and the Leases but has not made the require d monthly piynients since November 2012 and is therefore in default; WHEREAS the Leases provide that in the event of default, which includes non-payment under the lease, Plaintiffs may at any time thereafter take immed iate possession oh or disable or shut of1 the Equipment or require Lessee to return all Equipm ent at its expense to a place designated by Lessor; WHEREAS it is undisputed that Plaintiffs are the rightful owners of the Equipment; WhEREAS it is undisputed that Defendant has had possession of the Equipment since at least August 2012 which the Court finds to be ample time to have conducted any inspections ol the Equipment relevant to this ii tigation: WHEREAS the Court finds there is no genuine issue of materi al fact as to Plaintiffs entitlement to possession of the Equipment: IT IS on this day of December, 2013: ORDERED that Plaintiffs motion for partial summary judgm ent as to Count Six of Plaintiffs Complaint is granted; ORDEREI) that Defendant is to tiansfei possLsslon ol lhL EquipmLnt to P1 iintills u Defendant s expense. within thirty (30) da\s 1I om the issuan ce of this Order; ORI)ERED that Plaintiffs are to maintain the Equipment so that it is a\ailable for potential inspection or other evidentiary use during this litigation pendin ga D Oriuinal: cc: Clerk All Counsel of Record Hon. James B. Clark. U.S.M.J. File 3 [S termination by the Court, M. Cavanaugh,

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