Team Marketing Group Inc et al v. Hyde et al

MOTION for Partial Summary Judgment

W.D. La.February 14, 2019

1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA TEAM MARKETING GROUP, INC., * et al. * CIVIL ACTION NO. 5:17-cv-0138 * Plaintiffs, * * JUDGE DOUGHTY VERSUS * * ROBERT DANIEL HYDE, et al. * MAGISTRATE JUDGE HORNSBY * Defendants. * DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Defendants, Robert Daniel Hyde, III (improperly named in the Second Amended Complaint as “Robert Daniel Hyde”) (“Hyde”), Budget PrePay, Inc. (“Budget PrePay”), and Budget Mobile, LLC (“Budget Mobile) (Hyde, Budget, and Budget Mobile collectively referred to as “Defendants”), hereby file this Motion for Partial Summary Judgment. The Second Amended Complaint filed by Plaintiffs, Team Marketing Group, Inc. (“Team”) and World Class Marketing Services, LLC (“World Class”) (Team and World Class collectively referred to as “Plaintiffs”), asserts four causes of action: (1) breach of contract; (2) conversion; (3) equitable relief; and (4) fraud. Defendants respectfully move this Court to enter summary judgment in their favor on all of Plaintiffs’ claims, except their breach of contract claim against Budget PrePay, on the grounds that there exists no genuine issue of material fact and Defendants are entitled to judgment in their favor as a matter of law. A Memorandum in Support of this Motion is filed herewith. Case 5:17-cv-01389-TAD-MLH Document 85 Filed 02/14/19 Page 1 of 2 PageID #: 567 2 Respectfully submitted, WIENER, WEISS & MADISON A Professional Corporation By: _/s/ Marjorie L. Frazier_____________________________ Frank H. Spruiell, Jr. BR#1611 R. Joseph Naus BR#17074 Marjorie L. Frazier BR#32991 330 Marshall Street, Suite 1000 (71101) P. O. Box 21990 Shreveport, LA 71120-1990 Telephone: (318) 226-9100 Facsimile: (318) 424-5128 ATTORNEYS FOR DEFENDANTS, ROBERT DANIEL HYDE, III, BUDGET PREPAY, INC., AND BUDGET MOBILE, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 14th day of February, 2019, the undersigned electronically filed the foregoing with the Clerk of Court through the CM/ECF system, which will send notification of such filing to all counsel of record. /s/ Marjorie L. Frazier_________________ Marjorie L. Frazier Case 5:17-cv-01389-TAD-MLH Document 85 Filed 02/14/19 Page 2 of 2 PageID #: 568