Little progress made after Eagle Creek hearing

A summary of judgement hearing involving the Vermillion Area Chamber and Development Company (VCDC) and Eagle Creek Software Services, Inc. on Monday resulted in both parties’ summary judgements being denied because of an ambiguous contract.

Judge Cheryle Gering said because of the contract’s unclear language and terminology, the court will need more information to accurately interpret it.

“I can tell you, I spent hours reading this contract,” she said to the plaintiffs and defendants Monday.

The hearing Monday marks a long history of disputes between the two parties.

Both parties are have the right to refile their motions for summary, Gering said at the conclusion of the hearing.

Though VCDC Executive Director Nate Welch wasn’t able to comment on the company’s specific plans regarding Eagle Creek, he said that jury trials often follow a denial of summary judgement.

Attorney Michael Obermueller, Eagle Creek’s representation, said the technology company will continue to pursue its counterclaim.

“Obviously litigation will continue,” he said.

Obermueller added that they plan to look more into the role that the Governor’s Office of Economic Development (GOED) played in the ordeal, which they believe is substantial.

In December of 2012, GOED presented an incentive proposal for Eagle Creek employees.

Obermueller said during Monday’s hearing that Eagle Creek would not have agreed to come to Vermillion if that incentive program, $7,500 per employee, with GOED wasn’t confirmed.

Melissa Jelen, VCDC’s counsel, disputed this and said the joint proposal between GOED and Eagle Creek wasn’t an official agreement, and that Eagle Creek representatives knew more steps would’ve had to take place for the economic incentives to be accepted.

The majority of the hearing’s discussion centered around the complaint filed by the VCDC, the plaintiff, Oct. 29, 2014 which alleges, among other things, that Eagle Creek, the defendant, breached a contract between the two parties.