Middle East Broadcasting Networks, Inc. v. MBI Global, LLC

Filing 51

MEMORANDUM OPINION. Signed by District Judge Gerald Bruce Lee on 07/28/2015. (mpha)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

MIDDLE EAST BROADCASTING

NETWORKS, INC.,
Plaintiff,
Case No.: l:14-cv-01207-GBL-IDD
V.

MBI GLOBAL, LLC,
Defendant.

MEMORANDUM OPINION AND ORDER

THIS MATTER is

before the Court on Plaintiff/Counterdefendant Middle East

Broadcasting Networks, Inc.'s ("MEBN") Motion for Summary Judgment (Doc. 31). This case
concerns MEBN's claim that Defendant/Counterclaimant MBI Global, LLC ("MBI"), breached a

contract between the parties when it failed to timely deliver and install a Blast Resistant Building
C'BRB") to MEBN's Baghdad, Iraq office. The issue before the Court is whether the Court

should grant MEBN's Motion for Summary Judgment on (1) MEBN's breach of contract claim,

(2) MEBN's unjust enrichment claim, (3) MBI's breach of contract claim, and (4) MBI's breach
of the implied covenant of good faith and fair dealing claim.

The Court GRANTS MEBN's Motion for Summary Judgment for two reasons. First, the
Court GRANTS MEBN's Motion for Summary Judgment on MEBN's breach of contract claim

and MBI's breach of contract claim because MBI failed to timely deliver and install the BRB at
MEBN's Baghdad office and the force majeure contract provision does not apply. Second, the

Court GRANTS MEBN's Motion for Summary Judgment on MBI's breach of the implied
covenant of good faith and fair dealing claim because Virginia law does not recognize an