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Jack Cooper Transport Canada, Inc. v. TCB Importing, LLC

United States District Court, E.D. Michigan, Southern Division

February 13, 2018

JACK COOPER TRANSPORT CANADA, INC. et al., Plaintiffs,
v.
TCB IMPORTING, LLC, Defendant.

          ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (ECF #20)

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

         Plaintiffs Jack Cooper Transport Canada, Inc. and Jack Cooper Transport Company, Inc. (collectively, “Jack Cooper”) are transportation and logistics companies. In this action, Jack Cooper alleges that Defendant TCB Importing, LLC has failed to pay over $176, 000 in unpaid invoices for the services it (Jack Cooper) provided. (See Compl., ECF #1; First Am. Compl., ECF #8.) Jack Cooper has now moved for summary judgment on its claims. (See ECF #20.) For the reasons that follow, Jack Cooper's motion is GRANTED.

         I

         In 2015, TCB hired Jack Cooper to haul and transport certain vehicles across the United States and Canada. When the vehicles were delivered to TCB's chosen location, Jack Cooper provided TCB a “delivery receipt” that identified which vehicles were hauled and where they were delivered. (See, e.g., ECF #25-5 at pg. ID 295-318.) The receipts were then signed by both a representative of Jack Cooper and a representative of TCB. (See id.) Jack Cooper also provided an invoice to TCB for the amount due and owing for each delivery.

         In May 2015, TCB fell behind paying its outstanding invoices to Jack Cooper. As of June 30, 2017, TCB owed Jack Cooper $176, 115.94 “over and above all legal counterclaims and set-offs.” (Affidavit of Jason Hilderbrand, Jack Cooper's Senior Revenue Manager, at ¶3, ECF #20-4 at Pg. ID 210.) More specifically, TCB owed $92, 999.97 to Jack Cooper Transport Company, Inc. related to 51 unpaid invoices and. $83, 115.97 to Jack Cooper Transport Canada, Inc. related to 21 unpaid invoices.[1] (See ECF #20-4 at Pg. ID 211-15.)

         II

         Jack Cooper filed its First Amended Complaint on November 4, 2016. (See ECF #8.) In that pleading, it brought the following causes of action against TCB related to the unpaid invoices:

. Open Account (see Id. at ¶¶ 8-22, Pg. ID 33-35);
. Breach of Contract (see Id. at ¶¶ 23-28, Pg. ID 35-36);
. Account Stated (see Id. at ¶¶ 29-33; Pg. ID 36-37);
. Unjust Enrichment (see Id. at ¶¶ 34-41, Pg. ID 37-38); and
. Quantum Meruit (see Id. at ¶¶ 42-50, Pg. ID 38-39).

         Jack Cooper moved for summary judgment on July 12, 2017. (See ECF #20.) The Court initially scheduled a hearing on the motion for December 18, 2017, but the Court did not hold the hearing that day. Instead, the Court conducted an off-the-record conference with counsel. The Court has ...


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