United States District Court, E.D. Michigan, Southern Division
JACK COOPER TRANSPORT CANADA, INC. et al., Plaintiffs,
TCB IMPORTING, LLC, Defendant.
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY
JUDGMENT (ECF #20)
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
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
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.
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. (See ECF #20-4 at Pg. ID
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
. 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).
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 ...