United States District Court, D. Connecticut
ROBERT E. CRABTREE, JR., Plaintiff,
HOPE'S WINDOWS, INC., et. al., Defendants.
RULING AND ORDER ON PENDING MOTIONS
A. BOLDEN UNITED STATES DISTRICT JUDGE
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.
following reasons, Hope's Windows motion for summary
judgment is GRANTED, and Mr. Crabtree's
motion to amend the Complaint is DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
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.
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
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,
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
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.
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.
Windows also moved to dismiss, which the Court denied. ECF
Nos. Nos. 35, 40.
March 1, 2018, Mr. Crabtree moved for entry of default
judgment against Hope's Windows. The Court denied this
motion. ECF No. 40.