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STATE OF MAINE YORK, ss.

SUPERIOR COURT CIVIL ACTION DOCKE.T NO. CV-V-jO PA F ~ Yof--..- l 1/J../~ou

MICHAEL BROWN, Plaintiff

v.

ORDERS ON PENDING MOTIONS

SILVER SPRINGS DELIVERY SERVICES, INC., Defendant On November 29, 2010 Michael Brown and Silver Springs Delivery Services, Inc. entered into a written purchase and sales agreement for the sale of a Federal Express ground delivery route called a swing route. followed by a second payment of $3,100.
An initial payment of $1,900 was made

The agreement, had it been completed,

would have resulted in Silver Springs acquiring the route, a van and the assistance of

Mr. Brown through March 1, 2011.

Silver Springs would have paid a total of $75,000 Lastly the agreement

plus the remainder of a loan that the plaintiff had outstanding.

stated, uThis sale is contingent upon approval of this transaction by Federal Ex, approval shall be final on or before January 1, 2011." There is no indication that Federal Express ever granted approval or that approval was sought. swing routes in Maine.
It has instead either fully eliminated or is about to eliminate

A uswing route" is a term for the use of a replacement driver The transaction has not

to fill in during vacations of or the illness of the regular driver.

been completed, the remaining payments have not been made and the combined deposit of $5,000 has not been returned. The plaintiff has filed a two-count complaint seeking damages for breach of contract in Count I and alleging a breach of the covenant of good faith and fair dealing in Count IT. The defendant has filed a three-count counterclaim. The first count does

not list any specific cause of action.

Count TI is based on an implied covenant of good

faith and fair dealing while Count ill is based on a claim of fraud. The plaintiff has filed a motion for summary judgment which the defendant has opposed. The defendant has also filed a motion for extension of time in order to

conduct additional discovery before being required to complete its opposition to the plaintiff's summary judgment motion. considered first. The motion for extension of time is subject to Rule 56(

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Maine Law