Sirsi Corporation v. Craven-Pamlico-Carteret Regional Library System
COMPLAINT against Craven-Pamlico-Carteret Regional Library System ( Filing fee $ 350 receipt number 0417-1576487.), filed by Sirsi Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summons in a Civil Action) (Numbers, Robert)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civil Action No. ___________________
SIRSI CORPORATION d/b/a
REGIONAL LIBRARY SYSTEM,
Sirsi Corporation d/b/a SirsiDynix (“SirsiDynix”), complaining about Defendant CravenPamlico-Carteret Regional Library System (“CPC Regional”) states as follows:
SirsiDynix is a corporation organized under the laws of Delaware and having its
principal place of business in the State of Utah.
Upon information and belief, CPC Regional is a regional public library system in
the State of North Carolina composed of nine member libraries. CPC Regional’s administrative
offices are located at the New Bern-Craven County Public Library in New Bern, North Carolina.
JURISDICTION AND VENUE
The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §
1332 because the parties are citizens of different states and the amount in controversy is in excess
Venue is appropriate in this judicial district pursuant to 28 U.S.C. § 1391 because
a substantial part of the events or omissions giving rise to the claim occurred in the Eastern
District of North Carolina.
On or about February 3, 2009, representatives from SirsiDynix and CPC Regional
discussed CPC Regional’s needs with respect to library management tools. During the course of
this conversation, the representative from CPC Regional requested a quote related to the cost of
transitioning from their existing library management system, also a SirsiDynix product, to
SirsiDynix’s Symphony system.
On February 5, 2009, SirsiDynix sent CPC Regional a quote that outlined the
costs related with the migration to the Symphony System.
On April 29, 2009, SirsiDynix and CPC Regional entered into a Master Software
License and Services Agreement (“Master Agreement”).
Under the terms of the Master
Agreement, SirsiDynix granted CPC Regional a limited, non-exclusive, personal, nontransferable license to utilize SirsiDynix software in the operations of the CPC Regional libraries.
SirsiDynix also agreed to provide various services related to the implementation, maintenance,
and upgrading of the licensed software.
In return for the license and services provided by SirsiDynix, CPC Regional was
to pay SirsiDynix a total of $146,844.80 over the three year term of the Master Agreement.
After entering into the Master Agreement with SirsiDynix, CPC Regional asked to
delay implementation of the Symphony system due to funding issues. SirsiDynix agreed to these
However, when SirsiDynix attempted to follow up with CPC Regional regarding
implementation, CPC Regional refused to respond or proceed with the implementation. In
addition to failing to respond to communications from SirsiDynix, CPC Regional failed to pay
the amounts due under the Master Agreement.
During this time, although CPC Regional already had a binding contract with
SirsiDynix for library management software, CPC Regional was engaged in negotiations with the
Online Computer Library Center, Inc. (“OCLC”) to license a competing library management
In late 2009, CPC Regional entered into an agreement to utilize OCLC’s Web-
scale management services as their library management system.
In November, 2010, Jackie Beach, Director of CPC Regional, informed
SirsiDynix that, due to its contract with OCLC, CPC Regional would no longer be working with
On February 14, 2011, SirsiDynix informed CPC Regional that they had breached
the terms of the Master Agreement and requested that CPC Regional cure the breach.
As of the date of this filing, CPC Regional has refused to cure the breach or pay
the amounts due under the Master Agreement.
By entering into a valid contract with SirsiDynix, CPC Regional has waived any
sovereign or governmental immunity that may have otherwise barred SirsiDynix’s claims.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
SirsiDynix incorporates the allegations of Paragraphs 1-16 as if set forth fully
The Master Agreement was a valid and enforceable contract between SirsiDynix
and CPC Regional that was supported by consideration.
The Master Agreement required CPC Regional to pay SirsiDynix a total of
$146,844.80 for a software license and various services.
CPC Regional has repudiated and breached the Master Agreement by failing to
make these payments or participate in the software implementation process.
SirsiDynix has complied with all conditions precedent to this suit.
As a result of CPC Regional’s breach of the Master Agreement, SirsiDynix has
suffered damages in the amount of $146,844.80.
SECOND CAUSE OF ACTION
BREACH OF IMPLIED DUTY OF GOOD FAITH & FAIR DEALING
SirsiDynix incorporates the allegations of Paragraphs 1-22 as if set forth fully
SirsiDynix and CPC Regional entered into the Master Agreement.
Implied in such agreement is a covenant of good faith and fair dealing.
By its actions and failure to honor such agreement, as set forth above, CPC
Regional has breached the covenant of good faith and fair dealing.
As a direct consequence of CPC Regional’s breach of this covenant, SirsiDynix
has suffered injuries and damages in the amount of $146,844.80.
Wherefore, SirsiDynix requests that the Court:
Award SirsiDynix compensatory damages in the amount of $146,844.80;
Award SirsiDynix pre and post-judgment interest as allowed by law;
Order CPC Regional to pay the reasonable costs of this action, including
attorney’s fees; and
Order a trial by jury of all issues so triable.
This 15th day of April, 2011.
WOMBLE CARLYLE SANDRIDGE & RICE
A Professional Limited Liability Company
/s/ Robert T. Numbers II________________
ROBERT T. NUMBERS, II
(N.C. State Bar No. 34134)
150 Fayetteville Street, Suite 2100
Post Office Box 831
Raleigh, North Carolina 27602
(919) 755-6067 (facsimile)
Attorney for Plaintiff
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?