Peeq Imaging, LLC v. National Communications Group

Background

Peeq Imaging, LLC brought claims against National Communications Group for an account stated, goods sold and delivered, and quantum meruit. Peeq alleged that it provided graphics, marketing, reprographic goods, and related services to National Communications from August 2, 2017, through August 14, 2018, for a total of $147,363.01. National Communications accepted the goods and services, did not dispute the accuracy of Peeq’s account statement, and did not pay the balance.

Peeq moved for summary judgment under Federal Rule of Civil Procedure 56. National Communications did not respond to the motion and had not responded to Peeq’s discovery requests. After National Communications’ counsel was permitted to withdraw, the court warned that the business entity could not appear without counsel and gave it a deadline to have new counsel appear. No new counsel appeared, and National Communications did not request other relief.

Court’s Analysis

Summary judgment is appropriate when the evidence shows that there is no genuine dispute over a fact that could affect the outcome and the moving party is entitled to judgment under the law. The court noted that Peeq had not filed the required statement of undisputed material facts, but it exercised its discretion not to deny the motion on that basis because the material facts were few and could be determined from the filings.

For the account-stated claim, the court explained that Peeq had to show that an account was presented, accepted as correct, and accompanied by a promise to pay. The court found that Peeq supplied the statement of account for $147,363.01 and that National Communications’ failure to object supported the conclusion that it accepted the statement as correct and agreed to pay it.

For the goods-sold-and-delivered claim, the court required proof of a contract, the buyer’s failure to pay, and the buyer’s acceptance of the goods. The court found that Peeq had a contract with National Communications, supplied the goods and services, received no payment, and established acceptance. The evidence was unrefuted.

For quantum meruit, a claim seeking the reasonable value of services, the court required proof that the services were performed in good faith, accepted, expected to be compensated, and reasonably valued. The court found that Peeq performed the services at National Communications’ request, National Communications accepted them, Peeq expected payment, and the $147,363.01 amount was not shown to be unreasonable.

Disposition

The court held that Peeq established its right to summary judgment under all three pleaded legal theories. Magistrate Judge Robert W. Lehrburger granted Peeq’s motion for summary judgment in its entirety. The judgment awarded Peeq $147,363.01, $400 in court costs, and post-judgment interest at the statutory rate. The Clerk was directed to enter judgment, terminate the motion, and close the case.