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Myservice Force, Inc v. American Home Shield and Servicemaster Consumer Services

January 17, 2013

MYSERVICE FORCE, INC. :
v.
AMERICAN HOME SHIELD AND SERVICEMASTER CONSUMER SERVICES LIMITED PARTNERSHIP



The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 17th day of January 2013, upon consideration of Defendants' Motion for Summary Judgment (Docket No. 61) and all documents filed in connection thereto, IT IS HEREBY ORDERED that the Motion is GRANTED in part and DENIED in part as follows:

1. Defendants' Motion for Summary Judgment is DENIED as to myServiceForce Inc.'s claim, in Count I of the Complaint, that American Home Shield ("AHS") breached its duty of good faith and fair dealing with respect to its obligations under the parties' Memorandum of Agreement, to imposing status reporting requirements on its contractors.

2. Defendants' Motion for Summary Judgment is GRANTED as to the remaining breach of contract claims asserted in Count I of the Complaint and JUDGMENT is ENTERED in AHS's favor on those claims.

3. Defendants' Motion for Summary Judgment is GRANTED as to Counts II-IV of the Complaint. JUDGMENT is entered in AHS's favor on Count II. JUDGMENT is ENTERED in favor of ServiceMaster Consumer Services Limited Partnership's ("SVM") favor on Counts III-IV.

4. SVM is DISMISSED as a Defendant in this action.

BY THE COURT:

John R. Padova

20130117

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