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Snyder v. Komfort Corp.

July 30, 2008

JACQUELINE SNYDER, PLAINTIFF,
v.
KOMFORT CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Amy J. St. Eve United States District Court Judge

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Court Judge

On February 1, 2007, Plaintiff Jacqueline Snyder ("Snyder") filed a four-count Complaint against Defendant Komfort Corporation ("Komfort") in the Circuit Court of Cook County, Illinois, Law Division, alleging claims of breach of written and implied warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (the "Magnuson-Moss Act" or "Act"), 15 U.S.C. § 2301, et seq., revocation of acceptance pursuant to 810 ILCS 5/2-608, and common law products liability.*fn1 On March 8, 2007, Komfort removed this action to federal court. Before the Court is Komfort's Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, the Court grants Komfort's motion.

BACKGROUND

I. Northern District of Illinois Local Rule 56.1

When determining summary judgment motions, the Court derives the background facts from the parties' Local Rule 56.1 statements. Local Rule 56.1 assists the Court by "organizing the evidence, identifying undisputed facts, and demonstrating precisely how each side propose[s] to prove a disputed fact with admissible evidence." Bordelon v. Chicago Sch. Reform Bd. of Trs., 233 F.3d 524, 527 (7th Cir. 2000). Local Rule 56.1(a)(3) requires the moving party to provide "a statement of material facts as to which the moving party contends there is no genuine issue." Ammons v. Aramark Uniform Servs., Inc., 368 F.3d 809, 817 (7th Cir. 2004). The purpose of Rule 56.1 statements is to identify the relevant evidence supporting the material facts, not to make factual or legal arguments. See Cady v. Sheahan, 467 F.3d 1057, 1060 (7th Cir. 2006).

A litigant's failure to respond to a Local Rule 56.1 statement results in the Court admitting the uncontroverted statement as true. Raymond v. Ameritech Corp., 442 F.3d 600, 608 (7th Cir. 2006). Moreover, the Court may disregard statements and responses that do not properly cite to the record. See Cichon v. Exelon Generation Co., L.L.C., 401 F.3d 803, 809-10 (7th Cir. 2005). With these standards in mind, the Court turns to the relevant facts of this case.

II. Relevant Facts

A. Introduction

On May 5, 2004, Snyder entered into a sales contract with Pinehurst R.V. to purchase a 2005 Model Number 385KA Komfort Karry-All trailer (the "trailer") for $52,401.70. (R. 63-1, Def.'s Rule 56.1 Stmt. Facts ¶ 5; R. 75-1, Pl.'s Rule 56.1 Stmt. Add'l. Facts ¶ 34.) On July 9, 2004, Snyder traveled to Pinehurst, Idaho to picked up her trailer from Pinehurst R.V. (Def.'s Stmt. Facts ¶ 6.) Komfort does not sell any products directly to consumers, but works through dealerships. (Id. ¶¶ 7, 15.)

B. Limited Warranty

On July 9, 2004, Snyder received a Komfort owners' manual, which contained a Komfort two-year/twenty-four month limited warranty. (Id. ¶¶ 8, 9.) Komfort also faxed the two-year limited warranty to Snyder prior to her purchase of the trailer. (Pl.'s Stmt. Facts ¶ 33.) The limited warranty states in relevant part:

In order to receive the benefits available under this warranty, you must do the following:

A. Once you discover a defect covered under this warranty, you must notify an authorized Komfort dealer of the problem and arrange for an appointment during normal business hours. You must deliver the trailer at the appointed time for inspection and performance of covered warranty service.

B. If it is not possible to contact or return the trailer to an authorized Komfort dealer, you must contact the Manufacturer for authorization to have the necessary inspection and warranty service work performed elsewhere. You must obtain the Manufacturer's authorization before any warranty service work is started. It is advisable to contact any service center in your area and arrange for an appointment to get an estimate of charges prior to calling the Manufacturer for authorization.

C. You must notify an authorized Komfort dealer or the Manufacturer of the problem within the terms of this warranty. (Def.'s Stmt. Facts ¶ 12.) The limited warranty also states:

All defects must be reported to an authorized dealer or the Manufacturer during the term of this warranty. The Manufacturer will arrange for and provide the repair or replacement (at its option) of any component covered by this warranty that proves to be defective in material or workmanship. Repair or replacement of a covered component will be provided ...


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