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BMO Harris Bank N.A. v. Valley Trucking, LLC

United States District Court, E.D. Wisconsin

June 24, 2019

BMO HARRIS BANK N.A., Plaintiff,
v.
VALLEY TRUCKING, LLC and JEFFREY TRUDELL, Defendants.

          DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

          WILLIAM C. GRIESBACH, CHIEF JUDGE UNITED STATES DISTRICT COURT

         Plaintiff BMO Harris Bank N.A. (BHB), assignee of GE Capital Commercial Inc. and GE Capital U.S. Holdings, Inc., filed the instant action against Defendants Valley Trucking, LLC and Jeffrey Trudell, alleging breach of contract claims under Wisconsin law. In particular, BHB asserts that Valley Trucking defaulted on the terms of seven loan agreements and that Trudell, as personal guarantor of Valley Trucking's debts, defaulted on his contractual obligations by failing to pay the full amount of those debts. This court has jurisdiction over this action pursuant to 28 U.S.C. § 1332. On May 14, 2019, BHB moved for summary judgment. To date, Defendants did not respond to the motion and have not requested an extension of time to do so.

         The local rules of this district provide that the failure to file a brief in opposition to a motion is sufficient grounds to grant the motion. Civil L.R. 7(d) (E.D. Wis.). Defendants' failure to respond to the motion is grounds in itself to grant the motion. For this reason, and also because it is clear BHB is entitled to judgment as a matter of law, BHB's motion for summary judgment will be granted and the case dismissed.

         BACKGROUND

         Because Defendants did not respond to the motion for summary judgment, BHB's proposed findings of fact (Dkt. No. 13-4) are deemed admitted for the purposes of summary judgment. See Smith v. Lamz, 321 F.3d 680, 683 (7th Cir. 2003) (“[F]ailure to respond by the nonmovant as mandated by the local rules results in an admission.”); Civil L.R. 56(b)(4) (“The Court will deem uncontroverted statements of material fact admitted solely for the purpose of deciding summary judgment.”). BHB is an assignee of GE Capital Commercial Inc. and GE Capital U.S. Holdings, Inc.

         On December 31, 2014, Valley Trucking entered into a Loan and Security Agreement (Agreement 1) with GE Capital Commercial Inc. for the purchase of a 2015 Western Star Trucks Inc. 4700 SB Day Cab in the total amount of $162, 131.40. Pursuant to Agreement 1, Valley Trucking agreed to make monthly payments for the purchase of the equipment beginning on or about February 1, 2015, for a term of 60 months. Valley Trucking was obligated to pay a minimum monthly payment of $2, 702.19 and would default under the loan if it failed to pay when due any amount owed by it to the lender. The agreement was later assigned to BHB. On November 28, 2017, Valley Trucking entered into a Modification Agreement (Modification 1) with BHB for Agreement 1. Pursuant to the modification agreement, Valley Trucking agreed to pay the balance of Agreement 1 as follows:

Payment Amount

Number of Payments

Payment Date

$2, 702.19

1

10/15/2017

$0.00

3

11/15/2017

$2, 715.92

27

02/15/2018

         On February 15, 2018, Valley Trucking defaulted under the terms of Modification 1 by failing to make the minimum monthly payments.

         On February 22, 2017, Valley Trucking entered into a Loan and Security Agreement (Agreement 2) with BHB in the total amount of $573, 181.92 for the purchase of three 2016 Freightliner Cascadia Series tractors. Pursuant to Agreement 2, Valley Trucking agreed to make minimum monthly payments of $7, 960.86 for the purchase of this equipment beginning on April 9, 2017, for a term of 72 months. Under the agreement, Valley Trucking would be in default under the loan if it failed to pay when due any amount owed by it to the lender. Valley Trucking entered into a Modification Agreement (Modification 2) with BHB for Agreement 2 on November 28, 2017. Pursuant to Modification 2, Valley Trucking agreed to pay the balance of Agreement 2 as follows:

Payment Amount

Number of Payments

Payment Date

$0.00

3

11/09/2017

$8, 160.89

65

02/09/2018

         On May 9, 2018, Valley Trucking defaulted under the terms of Modification 2 by failing to make minimum monthly payments.

         On April 13, 2017, Valley Trucking entered into a Loan and Security Agreement (Agreement 3) with BHB in the total amount of $55, 376.40 for the purchase of a 2018 Mobile Dyno 224x Dynojet trailer. Pursuant to Agreement 3, Valley Trucking agreed to make minimum monthly payments of $922.94 for the purchase of this trailer beginning on June 1, 2017, for a term of 60 months. Valley Trucking would be in default in the event it failed to pay when due any amount owed by it to BHB under the agreement. On November 28, 2017, Valley Trucking entered into a Modification Agreement (Modification 3) with BHB for Agreement 3. Pursuant to Modification 3, Valley Trucking agreed to pay the balance of Agreement 3 as follows:

Payment Amount

Number of Payments

Payment Date

$0.00

3

11/01/2017

$945.62

55

02/01/2018

         On June 1, 2018, Valley Trucking defaulted under the terms of Modification 3 by failing to ...


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