7052. 2 . The following is a complete list of the Transfers: Transfer Amount_Transfer Date_ $18,461.08_7/8/08_ $20,754.25_8/28/08 $26,634,19_8/29/08_ $31,620.35_9/3/08_ $38,395.45_9/3/08_ $44,782.85_9/4/08 3 . Fed.R.Civ.P. 56. 4 . 11-56 Moore's Federal Practice, § 56.02 (Matthew Bender 3d ed.). 5 . Mesnick v. General Electric Co., 950 F.2d 816, 822 (1st Cir.1991), cert. denied, 504 U.S. 985, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992) (quoting Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990)). 6 . Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). 7 . Mesnick, 950 F.2d at 822. 8 . Celotex Corp., 477 U.S. at 325, 106 S.Ct. 2548. 9 . Mesnick, 950 F.2d at 822. 10 . Id. 11 . Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed. 12 (<HOLDING>); Camelot Music, Inc. v. MHW Advertising &
holding that the parties relationship was not lengthy enough to establish an ordinary course of dealings as the first transaction between the parties was subject to the preference action holding that a purchaser of a vehicle was a buyer in the ordinary course of business even though the car dealer did not provide the certificate of title at the time of the sale holding that the terms on the back of an invoice sent after the parties entered into a contract were enforceable because the invoices were issued relatively contemporaneously with the shipment of goods  the parties dealings involved identical invoice provisions throughout the parties relationship  additional terms were found in the invoices that were not in the purchase orders and the plaintiff never exercised any opportunity to delete these additional terms holding that an alleged unusual collection activity did not except the ordinary course of business defense because periodically during the parties 10 year relationship the defendant contacted the debtor to collect unpaid invoices and threatened to withhold shipment holding that the debtors deposit of funds was not in the ordinary course of business and was for the purpose of creating a setoff right for the bank