IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 21, 2009
GENERAL ELECTRIC CAPITAL CORPORATION, PLAINTIFF,
B.D.R. SERVICES, INC., TRIPLE R. EXPRESS, L.L.C., TRIPLE R. LOGISTICS, L.L.C., BILLY M. REAGOR, DANNY K. REAGOR, AND ROGER D. REAGOR, DEFENDANTS.
The opinion of the court was delivered by: Murphy, District Judge
MEMORANDUM AND ORDER
General Electric Capital Corporation ("GECC") filed this action on October 8, 2008 (Doc. 4), and an amended complaint was filed on February 5, 2009 (Doc. 20). In a nutshell, GECC alleges that it entered into two loan-security agreements (the first on or about June 27, 2006, the second on or about August 18, 2006) with a non-party known as "MAX" for the purchase of certain vehicles. Defendants guaranteed all of MAX's obligations under these agreements. MAX failed to make payments when due under both agreements, and, when GECC made a demand to Defendants for payment, they refused to pay.
Jurisdiction is based on the diversity of citizenship statute, 28 U.S.C. § 1332. Plaintiff GECC is a Delaware corporation with its principal place of business in Connecticut. Defendants are citizens of Illinois and South Carolina: B.D.R. Services, Inc., is an Illinois corporation with its principal place of business in Illinois; Triple R. Express, L.L.C., is a limited liability company whose members are Billy M. Reagor, Roger D. Reagor, and Danny K. Reagor (who, as revealed below, are citizens of Illinois and South Carolina); Triple R. Logistics, L.L.C., is also a limited liability company whose members are Billy M. Reagor, Roger D. Reagor, and Danny K. Reagor; Billy M. Reagor is a citizen of Illinois; Roger D. Reagor is a citizen of South Carolina; and Danny K. Reagor is a citizen of Illinois (see Doc. 20). Finally, the complaint claims that the amount due under the two agreements is $869,511.49, so the amount in controversy requirement is easily met.
On June 5, 2009, GECC filed a motion for summary judgment. GECC argues that there is no genuine issue of material fact on its claims for breach of contract, and it seeks judgment as a matter of law. (Doc. 40). Pursuant to Southern District of Illinois Local Rule 7.1(c), Defendants' response to the motion was due on or before July 8, 2009. Nothing was filed. Local Rule 7.1(c) warns litigants that "[f]ailure to timely file an answering brief to a motion may, in the Court's discretion, be considered an admission of the merits of the motion."
The Court exercises its discretion and GRANTS the motion for summary judgment as to all Defendants except Danny K. Reagor.*fn1 The Clerk is DIRECTED to enter judgment in favor of GECC and against Defendants B.D.R. Services, Inc., Triple R. Express, L.L.C., Triple R. Logistics, L.L.C., Billy M. Reagor, and Roger D. Reagor in the amount of $455,338.19, plus attorneys' fees and costs in the amount of $17,062.97, for a total judgment of $472,401.16. This amount represents all past and future payments (discounted to present value) due under both agreements, interest, late charges and repossession fees, and includes a credit for vehicles which were recovered and sold, as detailed in the motion for summary judgment (see Doc. 40).
Because the duration of Defendant Danny K. Reagor's bankruptcy proceeding is unknown, the Court finds that the is no just reason to delay entry of judgment against Defendants B.D.R. Services, Inc., Triple R. Express, L.L.C., Triple R. Logistics, L.L.C., Billy M. Reagor, and Roger D. Reagor. The Clerk is DIRECTED to enter a Rule 54(b) judgment as set forth above.
IT IS SO ORDERED.
G. Patrick Murphy United States District Judge