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Infinite Solutions LLC v. Midwest Administrative Services, Inc.

United States District Court, E.D. Missouri, Eastern Division

November 3, 2016

INFINITE SOLUTIONS LLC, Plaintiff,
v.
MIDWEST ADMINISTRATIVE SERVICES, INC., Defendant.

          MEMORANDUM AND ORDER

          AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the motion of Plaintiff Infinite Solutions, LLC, (“Infinite Solutions”) for partial summary judgment on liability only in this breach of contract action. (Doc. No. 27.) For the reasons set forth below, Plaintiff's motion shall be granted.

         BACKGROUND

         In support of its motion for summary judgment, Plaintiff has submitted the following evidence. On February 18, 2015, Infinite Solutions and Defendant Midwest Administrative Services, Inc. (“Midwest Administrative”) entered into a contract in Missouri, whereby Infinite Solutions agreed to provide information technology services to Midwest Administrative in Missouri, in exchange for monthly payments of $23, 500. This signed contract, entitled “Midwest Administrative Services IT Services Contract” was attached to the complaint and made part of the record (Doc. No. 29-1).

         The contract provides that:

The agreement shall be for a period of two (2) years. All outstanding balances and all charges for hardware and software (including work-in-progress) and for professional services delivered by Infinite to [Midwest Administrative] up to the date of termination shall be due and payable within ten (10) days of termination. Upon material default by Infinite under this Agreement, [Midwest Administrative] may terminate this Agreement by providing written notice to Infinite and a ten (10) day opportunity to cure the alleged default.

(Doc. No. 29-1 at 6.) The contract further provides that:

Infinite reserves the right to delay or suspend its services to [Midwest Administrative] in the event that [Midwest Administrative] has a past due balance with Infinite. [Midwest Administrative] understands that its obligation to pay for Infinite's services constitutes an independent duty, and as such, [Midwest Administrative] agrees not to make any set-off against amounts owed to Infinite.

Id.

         In May of 2015, Midwest Administrative ceased payments for the services provided by Infinite Solutions. Although Midwest Administrative was not making payments, Infinite Solutions continued to provide services to Midwest Administrative from May 2015 through September 2015. Midwest Administrative failed to make payments totaling $98, 321.47 for these services.

         On or around August 25, 2015, representatives from Infinite Solutions and Midwest Administrative began corresponding via email in an attempt to resolve the issue of Midwest Administrative's failure to make payments and its resulting past due balance. Infinite Solutions and Midwest Administrative agreed to a payment plan whereby Midwest Administrative would pay $16, 677.40 of its debt by August 29, 2015. However, Midwest failed to send the required payment or take any additional steps to comply with the plan.

         On or about September 14, 2015, Infinite Solutions sent Midwest Administrative a final demand letter for the full amount due under the contract. According to the record, Midwest Administrative did not notify Infinite Solutions of any breach of contract or default, so as to trigger early termination.

         Infinite Solutions seeks summary judgment as to liability only, with damages to be determined at trial. Midwest Administrative has not responded to ...


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