Bryant’s Team Sports, Inc. was denied its motion for voluntary dismissal in its lawsuit against Mizuno USA, Inc., claiming breach of contract, but the court granted Bryant’s Team its motion for alternative relief for an extension to respond to Mizuno’s motion for summary judgment.
Bryant’s Team sold sporting products to Mizuno via its Amazon marketplace platform. Bryant’s Team filed the lawsuit after Mizuno stopped permitting the sales in 2018. Bryant’s Team alleged breach of contract, tortious interference with a business relationship, as well as violations of Fla. Stat. section 671.203, section 501.201-213, and section 542.15.
“The court exercises its discretion and denies the request for dismissal,” wrote U.S. District Judge Sheri Polster Chappell. “Mizuno has actively litigated the case since its inception in November 2018. Bryant’s did not seek dismissal until after completion of all discovery and presentation of Mizuno’s evidence in support of summary judgment.”
U.S. District Judge Sheri Polster Chappell
| openjurist.org
She wrote that Bryant’s failed to even explain why it asked for dismissal at the late stage in the lawsuit and hasn’t tried to justify its motion. Considering this, Judge Chappell found no reason to grant Bryant its dismissal, especially because Mizuno paid “considerable resources” to fight the lawsuit, according to the opinion. Tossing out the case would be an infringement against Mizuno considering its efforts.
So, Judge Chappell denied Bryant’s motion for voluntary dismissal, but granted the company leave until April 6 to respond to Mizuno’s motion for summary judgment.
Mizuno responded to the dispute with a motion for summary judgment, calling out Bryant’s for not participating in discovery, not petitioning for documents, and refusing to take depositions of Mizuno. Mizuno argued that it has gone as far as compounding and gathering discovery, dishing out more than six figures to pay for the costs of defending the case. Discovery officially wrapped on Feb. 4 and Bryant had yet to file for an extension.