SunTrust Bank v. Nik et al

Filing 54

MEMORANDUM OPINION re: SunTrust Bank's unopposed Motion for Summary Judgment 44 . Signed by District Judge Liam O'Grady on 2/22/12. (dper)

I L E
IN THE UNITED STATES DISTRICT COUR

FOR THE EASTERN DISTRICT OF VIRGIN
Alexandria Division

SUNTRUST BANK.

FEB 212012
CLERK, U.S. DISTRICT COURT
ALEXANDRIA. VIRGINIA

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Plaintiff.

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v.

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MOIISEN MOSLEHI NIK. et at,

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Delendant.

Civil Action No.: 1:1 l-cv-343

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MEMORANDUM OPINION

Before the Court is SunTrust Bank's ("SunTrust") unopposed Motion for Summary

Judgment (Dkt. No. 44). As will be reflected in the subsequent Order. Plaintiffs Motion for
Summary Judgment is GRANTED.
I.

Background

Plaintiff alleges that Defendant Mohsen Moslehi Nik or Nik, Inc. (hereinafter individual
defendant "Mr. Nik." corporate defendant "Nik Inc.," collectively "Defendant") wrongfully used
international shipping documents from SunTrust to import shipments of rugs into the United
States from two companies in Pakistan. SunTrust alleges that the Defendant improperly
designated SunTrust as the consignee on the shipping documents for the rugs without tendering
the required payment. Subsequently, Defendant breached his contracts with the Pakistani rug
dealers, and as a result, SunTrust paid the two dealers a combined total of $204,585.85 to satisfy
and settle the contract claims. SunTrust now seeks to recover this payment from the Defendants.
II.

Rule of Law

The Federal Rules of Civil Procedure dictate that summary judgment is appropriate "if
the pleadings, depositions, answers to interrogatories, and admissions on file, together with the

I