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Crabtree v. Hope's Windows Inc.

United States District Court, D. Connecticut

November 29, 2018

ROBERT E. CRABTREE, JR., Plaintiff,
v.
HOPE'S WINDOWS, INC., et. al., Defendants.

          RULING AND ORDER ON PENDING MOTIONS

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE

         Robert E. Crabtree, Jr. (“Mr. Crabtree”), has sued Hope's Windows, Inc. (“Hope's Windows”) for breach of warranty under the Federal Warranties Act and breach of contract under Connecticut law.

         For the following reasons, Hope's Windows motion for summary judgment is GRANTED, and Mr. Crabtree's motion to amend the Complaint is DENIED.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Allegations

         Mr. Crabtree allegedly owns property located at 918 North Street in Greenwich, Connecticut. Second Am. Compl. ¶ 1, ECF No. 49-2 (“Second Am. Compl.”). In December 2005, Mr. Crabtree allegedly bought windows and doors through a general contractor. Id. at ¶ 4. The windows and doors, manufactured by Hope's Windows, allegedly came with a lifetime warranty. Id. at ¶ 6.

         By 2008, Mr. Crabtree allegedly moved into the home. Id. at ¶ 8. Over the following months, Mr. Crabtree allegedly discovered that windows and door frames were not properly installed, frames were missing pieces, door bucks were not properly set, and some windows were inoperable. Id.

         In 2010, Mr. Crabtree sued Hope's Windows and the general contractor, Bright Window Specialists, Inc, in state court. Id. at ¶ 9. The parties eventually settled the state court action, and the Settlement Agreement provided a general release of the parties from “all claims from the beginning of time to the date of the release.” Id. at ¶ 10. The agreement also stated that it was the “full and final satisfaction of any and all claims that CRABTREE has or may have against HOPE'S . . .” Settlement Agreement, Bright Br., Ex. C, ECF No. 20, at 28-29.

         In February 2017, windows and doors allegedly began to spontaneously fracture. Second Am. Compl., at ¶ 11. In late summer 2018, other glass seals allegedly breached, which caused the glass to fill with fog and water. Id. at ¶ 11.

         B. Procedural History

         On September 26, 2017, Mr. Crabtree sued Hope's Windows and the general contractor in Connecticut Superior Court. ECF No. 1-2. The general contractor removed the case to this Court. ECF No. 1.

         On January 16, 2018, Mr. Crabtree moved to amend the Complaint. ECF No. 19. And the general contractor moved to dismiss for failure to state a claim and sanctions. ECF Nos. 20, 31. This Court dismissed Mr. Crabtree's breach of contract, breach of implied warranty, and revocation, and then remanded the remaining claims to Connecticut superior Court. ECF No. 40. The Court also denied the motion general contractor's motion for sanctions. Id.

         Hope's Windows also moved to dismiss, which the Court denied. ECF Nos. Nos. 35, 40.

         On March 1, 2018, Mr. Crabtree moved for entry of default judgment against Hope's Windows. The Court denied this motion. ECF No. 40.

         II. ...


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