IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 5, 2010
FORD MOTOR CREDIT COMPANY LLC, PLAINTIFF
MARIO CLEMENTONI, DEFENDANT
The opinion of the court was delivered by: Judge Conner
AND NOW, this 5th day of April, 2010, upon consideration of plaintiff's motion (Doc. 11) for summary judgment, which defendant has elected not to oppose,*fn1 and it appearing that in 2004, plaintiff extended a loan of $1,550,000 to an entity known as "AN2, LLC," (Doc. 1 ¶ 6; Doc. 1, Ex. A; Doc. 3 ¶ 6), that defendant executed a guaranty pursuant to which he promised to pay and perform all obligations of AN2, LLC under the loan agreement,*fn2 that the promissory note for the 2004 loan was amended and restated in 2008 in the face amount of $2,200,000, (Doc. 1 ¶ 6; Doc. 1, Ex. A; Doc. 3 ¶ 6), that AN2, LLC defaulted on its repayment obligations and plaintiff thereafter made a demand for payment from defendant, (see Doc. 1, Ex. C; Doc. 13 ¶ 8), and that defendant has not paid any of the amount due under the guaranty, (Doc. 13 ¶ 9), and recognizing that summary judgment is appropriate when "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law," FED. R. CIV. P. 56(c), and that defendant has not disputed any of the material facts in the above-captioned matter, see L.R. 56.1 (explaining that "[a]ll material facts set forth in the statement required to be served by the moving party will be deemed to be admitted unless controverted by the statement required to be served by the opposing party"), and concluding that defendant had a duty to tender payment to plaintiff under the clear terms of the guaranty agreement, that he breached his obligations by refusing plaintiff's lawful demand, and that plaintiff has thereby suffered damages in the amount of $2,282,983.53*fn3 from defendant's breach,*fn4 see Corestates Bank, N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa. Super. Ct. 1999) (holding that a cause of action for breach of contract must be established by demonstrating "(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages"), it is hereby ORDERED that:
1. The motion (Doc. 11) for summary judgment is GRANTED. See FED. R. CIV. P. 56(c).
2. The Clerk of Court is instructed to enter JUDGMENT in favor of plaintiff and against defendant in the amount of $2,282,983.53.
3. The Clerk of Court is instructed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge