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Advanced Forming Technologies, LLC v. Permacast, LLC 2015 UT App 7, — P.3d —- (Jan. 8, 2015) 

Jan 8, 2015

In a breach of contract case, the defendant’s claim that the plaintiff had not provided evidence to support its damages claim did not qualify as a showing that the defendant was entitled to summary judgment, given that the motion was filed before the end of fact discovery. “Considering that discovery has not yet closed, there is nothing unusual or inappropriate about the fact that [the plaintiff] had not yet proved its damages.” Unless the defendant had submitted a well-supported motion establishing that the plaintiff had suffered no damages, the plaintiff did not yet need to prove its damages to avoid summary judgment.