In an opinion yesterday, Judge Forrest denied “dueling” motions for summary judgment in case over the shipment of allegedly spoiled strawberries, yet she at the same time observed that there were “serious questions as to whether it is worth incurring the expense of a trial,” given that “the amount in controversy is less than $100,000.” Accordingly, she offered the parties the unusual option of allowing her to weigh the evidence on the papers and decide the case:
This is not a big case. Indeed, it is a case where only a modest loss is at issue. . . . . To finally resolve this case the parties have two choices: (1) consent to a trial on the papers that would allow the Court to weigh the evidence, or (2) a bench trial.