Sectek, Incorporated v. Diamond, No. 1:2015cv01631 - Document 123 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER denying Pltff SecTek's 70 Motion for Partial Summary Judgment, denying Deft Diamond's 100 Motion for Partial Summary Judgment, and denying as moot Diamond's 85 Motion to Strike Alleged Facts and Evidence Supporting Plaintiff's Motion for Summary Judgment. /s/ by District Judge Gerald Bruce Lee on 8/19/16. (tbul, )
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Sectek, Incorporated v. Diamond Doc. 123 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION SECTEK, INC. ) Plaintiff, ) ) y ) CaseNo. l;15-cv-01631-GBL ) JEANETTE S. DIAMOND, ) ) ) Defendant. MEMORANDUM OPINION & ORDER THIS MATTER is before the Court on Plaintiff SecTek's Motion for Partial Summary Judgment (Doc. 70), Defendant Jeannette Diamond's Motion to Strike Alleged Facts and Evidence Supporting Plaintiffs Motion for Partial Summary Judgment (Doc. 85), and Defendant Jeannette Diamond's Motion for Partial Summary Judgment (Doc. 100). This case arises from SecTek's purchase of The Diamond Group ("TDG") from Defendant Jeanette S. Diamond, pursuant to a Stock Purchase Agreement ("SPA"). (Doc. 71 at 1). SecTek seeks indemnification for a New Mexico Tax Assessment. (Doc. 71 at 1). The assessment allegedly resulted from a TDG office in New Mexico that Diamond allegedly concealed from both the state of New Mexico and SecTek before she sold TDG. (Doc. 71 at 1-2). There are two issues before the Court. The first issue is whether summary judgment is appropriate even though discovery had not concluded at the time SecTek moved for summary judgment. The Court DENIES SecTek's Motion for Partial Summary Judgment (Doc. 70) for because SecTek moved for summary judgment while discovery was still open, forcing Diamond to oppose the motion on an incomplete record. 1 Dockets.Justia.com
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