Aviation Sales, LLC v. People Express Airlines, Inc. et al
Filing
28
MEMORANDUM Opinion and Order Signed by the Honorable Milton I. Shadur on 12/11/2013. Mailed notice by judge's staff. (srb,)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Aviation Sales, LLC,
Plaintiff,
v.
People Express Airlines, Inc.,
TEM Enterprises d/b/a XTRA
Airways and Michael Morisi
Defendants
)
)
)
)
)
)
)
)
)
)
)
No. 13 C 6791
MEMORANDUM OPINION AND ORDER
On November 8, 2013 plaintiff Aviation Sales, LLC (“Aviation
Sales”) filed two submissions targeting individual defendant
Michael Morisi (“Morisi”):
1.
In principal part Aviation Sales’ filing comprises
all of the elements needed to obtain a summary judgment
against Morisi on Count II of the Complaint in this action-elements that conform to the requirements of Fed.R.Civ.P.
(“Rule”) 56 and of this District Court’s LR 56.1
implementing that Rule.
2.
Because Morisi was not represented by counsel,
Aviation Sales supplemented its bulky summary judgment
submission by filing a copy of the required explanatory
communication to Morisi captioned “Notice to Pro Se Litigant
Opposing Motion for Summary Judgment” (“Notice”).
Here is the self-explanatory final paragraph of the
Notice:
The deadline for you to file your response opposing
plaintiff’s motion for summary judgment is twenty-eight
(28) days from today, on or before Friday, December 6,
2013.
December 6 has come and gone without any response from Morici, so
that entry of the requested summary judgment is appropriate.
This Court has reviewed Aviation Sales’ submissions in
detail and finds that they accurately reflect Morisi’s defaulted
obligations as established by the September 3, 2013 Commercial
Guaranty that he executed in Aviation Sales’ favor.
Those
obligations comprise $171,000 in unpaid principal, accrued and
unpaid interest in the amount of $10,089, attorneys’ fees of
$3,662.50 and recoverable out-of-pocket expenses of $1,068.60,
for a total of $185,820.10.
Accordingly judgment is ordered to be entered in favor of
Aviation Sales and against Morisi in the sum of $185,820.10.
Because the other named defendants -- People Express Airlines,
Inc. and TEM Enterprises d/b/a XTRA Airways -- have previously
been the subjects of a judgment by confession, this is a final
judgment that concludes this litigation.
_____________________________
Milton I. Shadur
Senior United States District Judge
Dated:
December 11, 2013
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?