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Dirty Dudds Cleaners, LLC v. Cca of Tennessee, LLC

United States District Court, W.D. Texas, San Antonio Division

January 16, 2018

DIRTY DUDDS CLEANERS, LLC, Plaintiff,
v.
CCA OF TENNESSEE, LLC N/K/A CORE CIVIC OF TENNESSEE, LLC, Defendant

          ORDER

          XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE

         On this 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.

         BACKGROU ND

         I. Factual Background

         Plaintiff 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 laundry services.

         Plaintiff 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.

         In 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 [Plaintiff] staff.
. . .
III. TERM
a. This Agreement shall be effective as of July 1, 2015 and shall continue in effect until terminated as provided herein below.
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 this Agreement.
. . .
V. STATUS OF THE ...

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