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BMO Harris Bank N.A. v. Suciu

United States District Court, E.D. Michigan, Southern Division

August 26, 2019

BMO HARRIS BANK N.A., Plaintiff,
v.
OVIDIU SUCIU, Defendant.

          Magistrate Judge David R. Grand

          ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [ECF NO. 23] AND STRIKING DEFENDANT'S RESPONSE [ECF NO. 24]

          VICTORIA A. ROBERTS, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         BMO Harris Bank N.A. brings this breach of contract action against Ovidiu Suciu (“Suciu”), alleging that Suciu defaulted on four separate loan agreements by failing to timely make minimum payments.

         BMO seeks summary judgment under Federal Rule of Civil Procedure 56(c); BMO says that Suciu fails to present a genuine issue of material fact because he does not provide specific evidence from which a reasonable juror could find that he did not materially breach the agreements. It seeks a sum certain: $253, 497.99, plus costs and attorney's fees.

         The Court agrees with BMO and GRANTS its motion for summary judgment.

         II. BACKGROUND

         This case arises out of the execution of four Loan and Security Agreements by and between General Electric Capital Corporation and Suciu; BMO is an assignee of General Electric Capital Corporation.

         BMO says that Suciu and General Electric executed four Loan and Security Agreements between 2012 and 2015; under each agreement, General Electric loaned Suciu money for the purchase of a tractor trailer, and Suciu agreed to make monthly payments over the course of 72 months. Each agreement included a provision which stated that Suciu would be in default if he “fail[ed] to pay when due any amount owed by [him] to [BMO] under this agreement.” The agreements also contained a provision stipulating that, in the event of default, BMO “may declare the indebtedness hereunder to be immediately due and payable.”

         BMO says that Suciu materially breached each agreement when, on November 1, 2017, he failed to timely make his required monthly payments. BMO repossessed the four tractor trailers and sold three of them at auction; BMO deemed one “not cost effective to sell” because it was totaled. BMO maintains that Suciu owes it $253, 497.99 due to his alleged material breach of the agreements.

         III. STANDARD OF REVIEW

         Summary Judgment is proper if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The movant has the initial burden to demonstrate the basis for its motion and to identify portions of the record which show an absence of a genuine issue of fact. Mt. Lebanon Personal Care Home, Inc. v. Hoover Universal, Inc., 276 F.3d 845, 848 (6th Cir. 2002). Once that burden is met, the non-moving party must set forth specific facts that present a “genuine issue for trial.” Id. The existence of a mere scintilla of evidence to support a plaintiff's position will not suffice; there must be evidence on which the jury could reasonably find for the plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). Parties must support assertions of fact by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials.” Fed.R.Civ.P. 56(c)(1).

         IV. ANALYSIS

         A. Suciu Fails to Provide Evidence Sufficient to Create a ...


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