Italian Exhibition Group USA, Inc. v. Bartolozzi

Background

Defendant Fabrizio Bartolozzi sought permission to file a motion for partial summary judgment on some of his declaratory-judgment counterclaims. The court granted permission to file the motion. In responding, Plaintiff Italian Exhibition Group USA, Inc. identified discovery it believed could bear on the motion, including a deposition of Bartolozzi about his involvement in his notice of termination and possible documents and depositions concerning the meaning and importance of contract terms and alleged breaches.

Court’s reasoning

The court said it doubted that the requested discovery would produce a genuine dispute of material fact because the claims relied mostly on documentary evidence. But it also recognized that summary judgment should rarely be granted against a party that has not had an opportunity to conduct discovery. The court could not say with complete confidence that the documents alone resolved the motion, so it decided to defer the motion rather than determine it on the existing record.

Ruling

Judge Arun Subramanian denied Bartolozzi’s partial summary-judgment motion without prejudice. Bartolozzi may seek to renew the motion after Italian Exhibition Group USA, Inc. conducts the discovery it considers relevant, or he may renew it with other summary-judgment motions at the close of discovery. The Clerk of Court was directed to close Docket 82.