Genitti et al v. Main Street Bank et al

Filing 16

ORDER granting 15 Defendants' Motion for Summary Judgment. Signed by District Judge George Caram Steeh. (MBea)

-MKM Genitti et al v. Main Street Bank et al

Doc. 16

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANTONIA GENITTI, an individual, JOHN R. GENITTI, an individual, 5 G's INCORPORATED, a Michigan corporation, and G&W PROPERTIES, LLC, a Michigan limited liability company, Plaintiffs, v. MAIN STREET BANK, a Michigan banking corporation, LNV CORPORATION, a foreign banking association, and CLMG CORP., a foreign corporation, Defendants. _____________________________/ ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT On June 4, 2010, Plaintiffs filed a complaint asserting the following claims relating to loans originating from, or serviced by, Defendants: violations of the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, and the Federal Trade Commission Act; breach of contract; breach of fiduciary duty/joint venture; fraudulent inducement; fraud; and misrepresentation. On September 2, 2010, Defendants LNV Corporation and CLMG Corp. filed a motion for summary judgment on Plaintiffs' claims. The deadline for responding to the motion has passed, and no response was filed. Because the loans at issue are commercial loans, the claim asserted pursuant to the Federal Trade Commission Act is not permitted by that statute, and the various state claims are barred by the parties' fully Case No. 10-CV-12210 HON. GEORGE CARAM STEEH

Dockets.Justia.com

integrated agreements and "no oral modification" clause, Defendants LNV Corporation and CLMG Corp. are entitled to summary judgment and Plaintiffs' claims against Defendants LNV Corporation and CLMG Corp. as set forth their Complaint filed herein are dismissed. SO ORDERED. Dated: October 7, 2010 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on October 7, 2010, by electronic and/or ordinary mail. s/Josephine Chaffee Deputy Clerk

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