Bates & Co., Inc. v. Hosokawa Micron Intern., Inc., 2005 WL 997330 (E.D.Tex. Apr 12, 2005) (NO. 1:04-CV-475)
Judge: Ron Clark
Holding: Motion for Summary Judgment GRANTED in part & DENIED in part.
This is essentially a "no evidence" summary judgment motion. Judge Clark found a fact issue on the first and second bases, but not on the third, which sought to dismiss one of the two defendants because the plaintiffs had not identified sufficient facts to keep them in on the eve of trial.
Judge Clark's order indicates that there were some problems with the proof before him. He noted that the face of the "Commercial Invoice" for the purchase at issue stated that conditions of the sale were on the reverse, but no copy was provided to the Court. "The court's crystal ball is out of order this week," Judge Clark wrote, and advised the parties "to gather such evidence in order to present an accurate representation of the facts and the terms of the contract to the jury."