1ST Class Legal (I.S.), Ltd. v. Niro, et al.

Northern District of Illinois, ilnd-1:2016-cv-06793

MOTION by Plaintiff 1st Class Legal (I.S.), Ltd., Counter Defendant 1st Class Legal (I.S.), Ltd. for summary judgment on Counterclaim

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Case: 1:16-cv-06793 Document #: 34 Filed: 02/10/17 Page 1 of 4 PageID #:191 MARC S. MAZER WEILL & MAZER, A Professional Corporation 90 New Montgomery Street Suite 1400 San Francisco, CA 94105 Telephone: (415) 421-0730 STEVE VARHOLA LYMAN LAW FIRM 227 West Monroe Street, Suite 2650 Chicago, Illinois 60606 Attorneys for Plaintiff and Counter Defendant 1st CLASS LEGAL (I.S.), LTD. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 1st CLASS LEGAL (I.S.), LTD., a foreign) Case No.: 16 CV 6793 corporation,)) Plaintiffs,)) Honorable Robert. M. Dow, Jr. v.)) RAYMOND NIRO, individually and doing) business as NIRO, HALLER & NIRO, an) Illinois Law Partnership, NIRO LAW, LTD.,) an Illinois Corporation, formerly known as) NIRO, HALLER & NIRO, LTD.,)) Defendants.)) and related Counter Claim)) PLAINTIFF-COUNTERDEFENDANT'S MOTION FOR SUMMARY JUDGMENT Plaintiff and Counterdefendant 1ST CLASS LEGAL, LTD. ("1CL"), by its attorneys and pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1 and in reliance upon the Plaintiff's Memorandum of Law and Statement of Material Facts filed herewith, respectfully moves the Court to grant it summary judgment on the Counterclaim filed by Defendant- PLAINTIFF-COUNTERDEFENDANT'S MOTION FOR SUMMARY JUDGMENT CASE NO. 1:16-cv-06793 1 Case: 1:16-cv-06793 Document #: 34 Filed: 02/10/17 Page 2 of 4 PageID #:192 Counterplaintiff NIRO LAW, LTD.'s ("Niro") in this action. 1CL states the following in support: 1. Niro admits that its action is premised on the written Master Loan Agreement incorporated into the Counterclaim. (Counterclaim, ¶6.) Niro further admits that its action is premised on an asserted obligation to make loans pursuant to that agreement. (Id., ¶8.) Niro's only claim is a single cause of action for breach of the loan agreements for failure to partially fail to fund the agreed upon loans. (Id., ¶¶32-34.) 2. In its Rule 26 disclosures, Niro made clear that the only damages claimed are the shortfall in the amount agreed to be loaned: "Counterplaintiff seeks damages in the amount of the shortfall, $1,580,000, plus interest and applicable legal costs and expenses." 3. Niro's claims fail as a matter of law because the measure of damages for a breach of contract to loan or advance money can not be the amount agreed to be loaned. No other grounds for summary judgment are being asserted by 1CL in this motion and, if denied, those other grounds are reserved for later resolution of this Counterclaim. 4. 1CL's concurrently filed Local Rule 56.1 Statement of Material Facts as to Which There is No Genuine Dispute and Memorandum of Law are incorporated herein by reference. 5. 1CL respectfully requests that the Court schedule the hearing on this motion for March 22, 2017, a date apparently available to both the Court and Niro's defense counsel. 1CL requests that briefing be scheduled so that an opposition be required to be filed no later than 2 weeks prior to the hearing date and any reply be filed no later than one week prior to the hearing date. This proposed schedule allows 26 days for Defendant Niro to review the motion and file its response. PLAINTIFF-COUNTERDEFENDANT'S MOTION FOR SUMMARY JUDGMENT CASE NO. 1:16-cv-06793 2 Case: 1:16-cv-06793 Document #: 34 Filed: 02/10/17 Page 3 of 4 PageID #:193 WHEREFORE, Plaintiff and Counterdefendant 1ST CLASS LEGAL, LTD. respectfully requests that the Court grant it summary judgment dismissing the Counterclaim, along with any further relief the Court deems just. Dated: February 10, 2017 Respectfully submitted, 1ST CLASS LEGAL (I.S.), LTD. By: /s/Marc S. Mazer Marc S. Mazer WEILL & MAZER, A Professional Corporation 90 New Montgomery Street Suite 1400 San Francisco, CA 94105 (415) 421-0730 Attorneys for Plaintiff and Counter-Defendant 1st Class Legal (I.S.), Ltd. PLAINTIFF-COUNTERDEFENDANT'S MOTION FOR SUMMARY JUDGMENT CASE NO. 1:16-cv-06793 3 Case: 1:16-cv-06793 Document #: 34 Filed: 02/10/17 Page 4 of 4 PageID #:194 CERTIFICATE OF SERVICE The undersigned, an attorney, certifies that on February 10, 2017, he caused the foregoing Plaintiff and Counter-Defendant's, 1st CLASS LEGAL, LTD., Motion for Summary Judgment to be served upon all counsel of record via the court's electronic docketing system. Dated: February 10, 2017 1ST CLASS LEGAL (I.S.), LTD. By: /s/Steve M. Varhola Steve M. Varhola LYMAN LAW FIRM, LLC 227 West Monroe Street, Suite 2650 Chicago, Illinois 60606 (312) 762-9517 Attorneys for Plaintiff and Counter-Defendant 1st Class Legal (I.S.), Ltd. PLAINTIFF-COUNTERDEFENDANT'S MOTION FOR SUMMARY JUDGMENT CASE NO. 1:16-cv-06793 4