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    Motion For Partial Summary Judgment Integracore

    Uploaded by

    Ricardo Kahbayssuh
    This document is a motion for partial summary judgment filed by the law firm Price Parkinson & Kerr on behalf of their client iDrive Logistics, LLC against IntegraCore, LLC. The motion seeks dismissal of IntegraCore's first counterclaim for breach of contract and second counterclaim for breach of the covenant of good faith regarding a 2011 agreement between the two companies. The motion argues that IntegraCore's claims fail as a matter of law for reasons including limitations of liability in the contract and iDrive's performance of the contract terms.

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    © All Rights Reserved

    Motion For Partial Summary Judgment Integracore

    Uploaded by

    Ricardo Kahbayssuh
    110 views3 pages
    This document is a motion for partial summary judgment filed by the law firm Price Parkinson & Kerr on behalf of their client iDrive Logistics, LLC against IntegraCore, LLC. The motion seeks dismissal of IntegraCore's first counterclaim for breach of contract and second counterclaim for breach of the covenant of good faith regarding a 2011 agreement between the two companies. The motion argues that IntegraCore's claims fail as a matter of law for reasons including limitations of liability in the contract and iDrive's performance of the contract terms.

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    Motion for Partial Summary Judgment Integracore

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    This document is a motion for partial summary judgment filed by the law firm Price Parkinson & Kerr on behalf of their client iDrive Logistics, LLC against IntegraCore, LLC. The motion seeks dismissal of IntegraCore's first counterclaim for breach of contract and second counterclaim for breach of the covenant of good faith regarding a 2011 agreement between the two companies. The motion argues that IntegraCore's claims fail as a matter of law for reasons including limitations of liability in the contract and iDrive's performance of the contract terms.

    Copyright:

    © All Rights Reserved
    110 views3 pages

    Motion For Partial Summary Judgment Integracore

    Uploaded by

    Ricardo Kahbayssuh
    This document is a motion for partial summary judgment filed by the law firm Price Parkinson & Kerr on behalf of their client iDrive Logistics, LLC against IntegraCore, LLC. The motion seeks dismissal of IntegraCore's first counterclaim for breach of contract and second counterclaim for breach of the covenant of good faith regarding a 2011 agreement between the two companies. The motion argues that IntegraCore's claims fail as a matter of law for reasons including limitations of liability in the contract and iDrive's performance of the contract terms.

    Copyright:

    © All Rights Reserved
    of 3

    PRICE PARKINSON & KERR, PLLC

    David R. Parkinson (8258)


    Ronald F. Price (5535)
    Christopher B. Sullivan (11053)
    5742 West Harold Gatty Drive
    Salt Lake City, UT 84116
    Telephone: (801) 530-2900
    Facsimile: (801) 530-2959

    Attorneys for Plaintiff

    IN THE FOURTH JUDICIAL DISTRICT COURT


    STATE OF UTAH, COUNTY OF UTAH

    )
    iDrive Logistics, LLC ) MOTION FOR PARTIAL
    ) SUMMARY JUDGMENT ON
    Plaintiff,
    ) INTEGRACORE’S FIRST
    vs. ) COUNTERCLAIM (BREACH OF
    ) CONTRACT) AND SECOND
    IntegraCore, LLC ) COUNTERCLAIM (BREACH OF
    ) COVENANT OF GOOD FAITH AND
    Defendant. ) FAIR DEALING)
    )
    ) Civil No. 130400386
    )
    Judge: Fred D. Howard

    Plaintiff iDrive Logistics, LLC (“iDrive”) respectfully submits the following Motion for

    Partial Summary Judgment on IntegraCore’s First Counterclaim (Breach of Contract) and

    Second Counterclaim (Breach of Covenant of Good Faith and Fair Dealing).

    Plaintiff iDrive Logistics, LLC (“iDrive”) is a company that assists clients reduce

    transportation expenses with small parcel carriers, i.e. Federal Express (“FedEx”), the United

    Parcel Service, Inc. (“UPS”), and the United States Postal Service (“USPS”). Defendant

    Page 1 of 3
    IntegraCore, LLC (“IntegraCore”) is a company that provides warehousing and fulfillment

    services for its customers.

    On January 13, 2011, iDrive and IntegraCore entered into a contract captioned “Pricing

    Optimization and Audit Service Agreement” (the “2011 Agreement.”). In this action,

    IntegraCore has asserted a counterclaim for breach of the 2011 Agreement and for breach of the

    covenant of good faith and fair dealing arising from the 2011 Agreement. IntegraCore’s claims

    fail as a matter of law for at least the following reasons: 1) the express terms of the Agreement

    foreclose IntegraCore from asserting any damage claim against iDrive; 2) IntegraCore breached

    the 2011 Agreement in October 2011, relieving iDrive of further performance under the 2011

    Agreement; 3) by October 2011, iDrive had either performed, or was in the process of

    performing under the 2011 Agreement; and 4) IntegraCore has waived any breach of the 2011

    Agreement by continuing to accept iDrive’s performance under the 2011 Agreement until

    August, 2013.

    For these reasons, set forth more fully in the accompanying Memorandum in Support of

    Motion for Partial Summary Judgment on IntegraCore’s First Counterclaim (Breach of Contract)

    and Second Counterclaim (Breach of Covenant of Good Faith and Fair Dealing), the Court

    should dismiss IntegraCore’s first and second counterclaims.

    DATED this 6th day of March, 2015.

    /s/ David R. Parkinson


    David R. Parkinson
    Price Parkinson & Kerr, PLLC
    Attorney for Plaintiffs

    Page 2 of 3
    CERTIFICATE OF SERVICE

    I hereby certify that on this 6th day of March, 2014, a true and correct copy of the foregoing
    MOTION FOR PARTIAL SUMMARY JUDGMENT ON INTEGRACORE’S FIRST
    COUNTERCLAIM (BREACH OF CONTRACT) AND SECOND COUNTERCLAIM
    (BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING) was served
    electronically via the Court’s electronic filing portal to the following:
    Jeffery S. Williams
    NELSON CHRISTENSEN
    HOLLINGWORTH & WILLIAMS
    68 S. Main St., #600
    Salt Lake City, UT 84101
    Email: jeffw@nchwlaw.com

    Bryan L. Quick
    QUICK LAW, PC
    9160 S. 300 W. Ste. 110
    Sandy, UT 84097
    Email: bryan@quicklawpc.com

    Edwin C. Barnes
    Aaron D. Lebenta
    CLYDE SNOW & SESSIONS
    201 South Main Street, 13th Floor
    Salt Lake City, UT 84111
    Email: ecb@clydesnow.com
    adl@clydesnow.com

    DATED this 6th day of March, 2015.

    /s/ David R. Parkinson


    David R. Parkinson

    Page 3 of 3

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