Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

City of Chicago v. Motive Power Systems, Inc.

United States District Court, N.D. Illinois, Eastern Division

July 9, 2019

City of Chicago, Plaintiff,
v.
Motive Power Systems, Inc., Defendant.

          MEMORANDUM OPINION AND ORDER

          RONALD A. GUZMÁN, JUDGE

         For the reasons stated below, Defendant's motion to dismiss [24] is denied.

         STATEMENT

         Pursuant to an October 2012 contract, the City agreed to buy five electric refuse trucks (“ERTs”) from Motiv. On January 6, 2014, Motiv provided the City with the first ERT. The City alleges that since the date of delivery, the ERT “has experienced mechanical and software problems [, which have] regularly prevented the City from using the vehicle altogether.” (Compl., Dkt. # 1-1, ¶ 49.) The City now sues Motiv, alleging breach of contract (Count I); indemnity (Count II); and breach of express warranty (Count III). Motive filed a counterclaim alleging breach of contract and breach of the duty of good faith.

         Standard

         In considering a motion to dismiss, the Court accepts as true the factual allegations in the complaint and draws permissible inferences in favor of the plaintiff. See Boucher v. Finance Syst. of Green Bay, Inc., 880 F.3d 362, 365 (7th Cir. 2018). Under the notice-pleading requirements of the Federal Rules of Civil Procedure, a complaint must “give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). To survive a motion to dismiss, a claim must be plausible; “[a] claim has facial plausibility when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

         Analysis

         Indemnification Claim

         Motiv moves to dismiss the indemnification claim on the ground that the indemnification provision in the contract applies only to third-party actions, not first-party claims between the parties' themselves. The relevant provisions state that:

         3.27 Indemnity

         [Motiv] must defend, indemnify, keep and hold harmless the City, its officers, representatives, elected and appointed officials, agents and employees from and against all losses, including those related to:

1. Injury, death or damage of or to any person or property;
2. Any infringement or violation of any property right (including any patent, trademark or copyright);
3. [Motiv's] failure to perform or cause to be performed [Motiv's] covenants and obligations as and when required under the Contract, including [Motiv's] failure to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.