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MANUFACTURERS LIFE INS. v. MASCON INFORM. TECHN.

July 2, 2003

THE MANUFACTURERS LIFE INSURANCE COMPANY (U.S.A.), Plaintiffs,
v.
MASCON INFORMATION TECHNOLOGIES LIMITED, Defendants.



The opinion of the court was delivered by: ARLANDER KEYS, United States Magistrate Judge

MEMORANDUM OPINION AND ORDER

Plaintiff, The Manufacturers Life Insurance Company (U.S.A.) ("Manulife"), moves this Court for Summary Judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. Manulife alleges that Defendant, Mascon Information Technologies Limited ("Mascon"), breached a lease agreement with Manulife for the rental of commercial real property and is liable to Manulife for damages. For the reasons set forth below, the Court grants Plaintiff's Motion for Summary Judgment with respect to liability, but denies Plaintiff's Motion with respect to damages, attorneys' fees, and costs.

[270 F. Supp.2d 1011]

     

  BACKGROUND FACTS

  Manulife is a corporation incorporated under the laws of the State of Michigan, with its principal place of business in Boston, Massachusetts. (Manulife's Statement of Material Facts (hereinafter "Manulife's Statement") ¶ 1.) Mascon is a corporation incorporated under the laws of the State of Delaware, with its principal place of business in Schaumburg, Illinois.*fn1 (Mascon's Answer to Second Amended Complaint (hereinafter "Mascon's Answer"), at 1.)

  On August 25, 1997, Manulife, as landlord, and Mascon, as tenant, entered into a lease for the premises located at 1515 Woodfield Road, Suite 450, Schaumburg, Illinois. (Mascon's Answer, at 2.) The parties amended the lease on November 5, 1998, by executing the Amendment to Lease Agreement (collectively, the "Lease"). (Plaintiff's Statement ¶ 7.) The term of the lease ran from January 1, 1998 to December 31, 2002. (Id. ¶ 8.)

  Mascon initially ceased making rent payments due under the lease in November 2001. (Manulife's Second Amended Complaint (hereinafter "Manulife's Complaint") ¶ 8.) In January 2002, as a result of Mascon's failure to pay rent, Manulife filed a forcible detainer action in the Circuit Court of Cook County for eviction and rent for the period of November 2001 through January 31, 2002. (Id.) The Circuit Court of Cook County entered judgment in favor of Manulife and ordered Mascon to pay the amount of $51,738.36, representing the amount of rent due for the months of November 2001, December 2001, and January 2002. (Id. ¶ 9.) Mascon paid the judgment to Manulife and subsequently paid rent to Manulife for February 2002 and part of March 2002. (Id.)

  In March 2002, Mascon once again ceased making rent payments to Manulife. (Id.) In addition to failing to pay base rent, Mascon failed to pay real estate taxes and other charges due under the lease for the remainder of March 2002, and for the months of April 2002 through December 2002. (Mascon's Answer, at 3.) Mascon admits to breaching the lease with Manulife by failing to perform its obligations as required by the lease. (Id.)

  On September 11, 2002, Manulife filed this lawsuit to recover damages resulting from Mascon's breach of contract. The case was initially assigned to Judge Rebecca Pallmeyer, but on December 20, 2002, both parties consented to proceed before this Court.

  Manulife then filed a Motion for Summary Judgment, alleging that Manulife should be awarded damages as a result of Mascon's failure to perform its obligations as defined by the lease as a matter of law. (Plaintiff's Motion for Summary Judgment, at 1.) Manulife alleges that the total amount owed by Mascon is $163,147.72. (Marino Aff. ¶ 13.)

  STANDARD OF REVIEW

  The Court will grant summary judgment only if the pleadings and supporting documents show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(c) (2003). A genuine issue of material fact exists if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In ...


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