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Citibank, N.A. v. Automart International, Inc.

United States District Court, N.D. Illinois

October 21, 2014

Citibank, N.A., Plaintiff,
v.
Automart International, Inc., Cherng-Chyang Liou, and Bee June Cheng, Defendants

For Citibank, N.A., a national banking association, Plaintiff: Todd A. Rowden, LEAD ATTORNEY, Audrey Denise Mense, Emily Louise Peel, Thompson Coburn LLP, Chicago, IL.

For Automart International Inc., an Illinois corporation, Bee June Cheng, an individual, Defendants, ThirdParty Plaintiffs: Barbara L. Yong, LEAD ATTORNEY, Brianna L Golan, Caren A. Lederer, Golan & Christie LLP, Chicago, IL.

For Mohammed A. Anjum, Automart Nationwide, Inc., Third Party Defendants, Counter Claimants: Konstantinos T. Sparagis, LEAD ATTORNEY, Law Offices of Konstantine Sparagis, P.C., Chicago, IL; Morgan Ian Marcus, The Law Offices Of Konstantine Sparagis, P.c., Chicago, IL.

For Automart International Inc., an Illinois corporation, Counter Defendant: Barbara L. Yong, LEAD ATTORNEY, Brianna L Golan, Caren A. Lederer, Golan & Christie LLP, Chicago, IL.

Page 978

ORDER

Ronald A. Guzmá n, United States District Judge

For the reasons stated below, Citibank's motion for summary judgment as to Automart and Bee June Cheng [52] is granted.

STATEMENT

Citibank moves for summary judgment against defendants/third-party plaintiffs Automart International, Inc. and Bee June Cheng (collectively, " Defendants" ) as to Counts I (breach of note and loan agreement against Automart) and III (breach of guaranty against Bee June) of the complaint. Automart concedes it has no defense to Count I and agrees that judgment should be granted in Citibank's favor as to that count.

Facts

Defendants did not file a Local Rule 56.1(b)(1)(3) response to Citibank's statement of undisputed facts. Therefore, the Court deems the following facts admitted. Smith v. Lamz, 321 F.3d 680, 683 (7th Cir. 2003) (" We have consistently held that a failure to respond by the nonmovant as mandated by the local rules results in an admission." ).

Citibank is a national banking association with its main office in Sioux Falls, South Dakota, is a citizen of the state of South Dakota, and has its principal place of business in New York, New York. Citibank filed its complaint against Defendants on January 10, 2014, alleging claims for breach of note and breach of guaranty. Automart is an Illinois corporation, is a citizen of the State of Illinois and ceased operations on August 1, 2013. Bee June is an individual residing in DuPage County, Illinois and is a citizen of Illinois. Starting in 2003, and at all relevant times, Bee June owned 30% of the shares of Automart. Bee June's business partner, Cherng-Chyang Liou (" Eric" ) owned the remaining 70% of the shares of Automart. Bee June was employed by Automart from 1992 until December 31, 2009, and again from July 2010 until November 2013. She was the Vice-President of Automart since at least 2006 and, as Vice-President, " ran all the daily operations" of Automart since at least July 2010.

Original Loan and Guaranties. On March 13, 2006, Citibank and Automart entered into a loan agreement (the " 2006 Loan Agreement" ), whereby Citibank agreed to loan and Automart agreed to borrow up to the principal sum of $1,500,000.00 (the " Loan" ). Bee June executed the 2006 Loan Agreement on behalf of Automart as its Vice President. Pursuant to the 2006 Loan Agreement, Automart executed and delivered to Citibank a Promissory Note dated March 13, 2006 (" 2006 Note" ) in favor of Citibank in the original principal sum of $1,500,000.00. Bee June ...


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