Opinion
Civil No. 2:02-cv-00270.
June 25, 2004
Richard D. Burbidge, Stephen B. Mitchell, Jefferson W. Gross, BURBIDGE MITCHELL, Salt Lake City, Utah. Attorneys for Plaintiff.
R. Willis Orton, Attorneys for Defendant World Marketing Alliance, Inc.
Sean N. Egan, Attorney for Defendant World Financial Group, Inc.
ORDER RE: OUTSTANDING ISSUES CONCERNING WFG'S MOTION FOR SUMMARY JUDGMENT REGARDING DAMAGES
On June 14, 2004, at 3:00 p.m., further and outstanding issues concerning Defendant World Financial Group, Inc.'s ("WFG") Motion for Summary Judgment on Plaintiff's contract damages (Docket No. 198) (which motion was joined by WMA) came on for hearing, the Honorable Dee Benson presiding. Jefferson W. Gross of Burbidge Mitchell appeared on behalf of Plaintiff Franklin Covey Client Sales, Inc. ("Franklin"); R. Willis Orton and Jason W. Beutler of Kirton McConkie appeared on behalf of Defendant World Marketing Alliance, Inc. ("WMA"); and Sean N. Egan appeared on behalf of WFG.
After considering arguments of counsel (both written and oral), and the evidentiary materials submitted by the parties, the Court determines as follows:
1. The second sentence of Section 10.2 of the Integrated Services Agreement (the "ISA") is "ambiguous" and is thus a matter for interpretation and construction by the jury at the trial of this matter; and
2. Whether the ISA was effectively terminated by WMA and/or WFG presents a genuine issue of material fact precluding summary adjudication on Franklin's claim for the unpaid License Fee under the ISA as damages for the alleged breach of the ISA.
Accordingly, to the extent WFG's Motion for Summary Judgment on Franklin's contract damages was previously taken under advisement ( see Docket No. 344), WFG's Motion is DENIED.
IT IS SO ORDERED.