United States District Court, W.D. Texas, San Antonio Division
RODRIGUEZ UNITED STATES DISTRICT JUDGE
date, the Court considered the status of the above-captioned
case. After careful consideration, the Court hereby GRANTS
Defendant's Motion for Summary Judgment. Docket no. 26.
Dirty Dudds Cleaners, LLC filed its Original Complaint on
December 20, 2016, Docket no. 1, and filed its Amended
Complaint on December 30, 2016. Docket no. 4. Plaintiff named
as Defendant CCA of Tennessee, LLC n/k/a Core Civic of
Tennessee, LLC, bringing claims for breach of contract and
common law fraud arising out of an agreement to perform
is in the laundry-cleaning business and does personal and
commercial laundry. Id. at 2. In November 2014,
Defendant retained Plaintiff to do the laundry work for 450
individuals housed at the South Texas Family Residential
Center (“the Facility”) in Dilley, Texas.
Id. at 3. Subsequently, the parties discussed
entering into a formal contract for the laundry service, and
on July 1, 2015, the parties entered into a contract, which
was titled “AGREEMENT BETWEEN DIRTY DUDDS CLEANERS AND
CCA OF TENNESSEE, LLC” (“the Agreement”).
Docket nos. 4 at 4; 27-2 at 5. Thereafter, the parties
operated pursuant to and under the Agreement. Docket nos. 4
at 5; 26 at 2.
relevant part, the Agreement states:
II. AMOUNT OF LINEN AND RESIDENT CLOTHING PROVIDED
a. [Defendant] will provide a minimum of 2000 pounds of Linen
and Resident Clothing per pick up by [Plaintiff], on an
as-needed, will-call basis, subject to availability of
. . .
a. This Agreement shall be effective as of July 1, 2015 and
shall continue in effect until terminated as provided herein
b. This Agreement may be terminated upon thirty (30) days
written notice by either Party, for convenience. This
Agreement may be terminated for cause upon written notice in
the event of a material breach of either party. In the event
of [Defendant's] contract to provide management services
for the Facility terminates, this Agreement will terminate
simultaneously. Time is of the essence in the performance of
. . .
V. STATUS OF THE ...