Summary
finding that it was "too far a stretch of the imagination to conclude from [defendant's] alleged statements that it was agreeing to give up its fundamental right to establish a distribution network as it saw fit and was committing itself not to add any additional distributors" given that nothing in the defendant's prior statements mentioned distributors or the distribution network
Summary of this case from CardiAQ Valve Techs., Inc. v. Neovasc Inc.Opinion
CIVIL ACTION NO. 00-12629-RGS
August 29, 2003
MEMORANDUM AND ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Having reviewed the Report and Recommendation and plaintiffs' objections, I see no reason why the carefully explained recommendation of Magistrate Judge Dein should not be adopted. Summary judgment will therefore be granted to defendant Douglas Dynamics, LLC., Fisher Plows Division (Fisher) on all counts of the Complaint. As the Magistrate Judge demonstrates, there was no enforceable agreement preventing Fisher from appointing J.C. Madigan, Inc. (Madigan) as a full-line distributor of its snow removal equipment, whatever the competitive disadvantage accruing to Tuck's Trucks, Inc. (TTI). Nor have plaintiffs adduced facts sufficient to overcome summary judgment on their tortious interference (Madigan) or fraud and misrepresentation claims. As the Magistrate Judge points out, TTI is unable to show that it even had a business relationship with Madigan, or that Fisher acted with improper motive or means in appointing Madigan. Nor can plaintiffs show that they reasonably on Fisher's generalized statements of goodwill in absorbing the business Tuck's
Plaintiffs do not object to the Magistrate Judge's recommendation with respect to Count II and Count V.
Truck Sales (the undisputed evidence is to the contrary). Finally, plaintiffs have failed to show any conduct on Fisher's part (over and above the failed showing on their fraud and misrepresentation claim) that raises a trialworthy issue under Chapter 93A.
ORDER
For the reasons stated by the Magistrate Judge in her Report, the Recommendation is ADOPTED. Judgment shall be entered by the Clerk for Fisher on all Counts of the Complaint.