CIT Small Business Lending Corp. v. Kamguia

Filing 30

ORDER granting in part and denying in part 23 Motion for Summary Judgment. Signed by Judge Jackson L. Kiser on 11/18/10. (ham)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION CIT SMALL BUSINESS LENDING CORP., Plaintiff, v. PIERRE KAMGUIA, M.D., Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 4:10CV00021 ORDER By: Jackson L. Kiser Senior United States District Judge

Before me is Plaintiff CIT Small Business Lending Corp's Motion for Summary Judgment. Mot. for Summ. J., Oct. 20, 2010, ECF No. 23. A Roseboro notice was mailed to the pro se Defendant, Pierre Kamguia, on October 22nd, 2010. Roseboro Notice, Oct. 22, 2010, ECF No. 25. The Defendant timely responded to the Plaintiff's motion, filing a reply on November 10th, 2010. Def.'s Resp. to the Mot. for Summ. J., Nov. 10, 2010, ECF No. 26. The Plaintiff, in turn, filed a reply to the Defendant's response on November 16th, 2010. Pl.'s Reply to Def.'s Resp., Nov. 16, 2010, ECF No. 28. The parties have agreed that a hearing is not required on this motion and therefore the Court has rendered its decision on the briefs. For the reasons explained in the Memorandum Opinion that accompanies this Order, the Plaintiff's Motion for Summary Judgment is PARTIALLY GRANTED. The motion is GRANTED as to liability on the note and the manner of calculating the amount owed on the note. The method of calculation is the sum of the principal, interest, late fees, expenses, and attorney's fees. The motion is DENIED as to the precise amount owed on the note because a genuine issue of material fact still exists on the amount of principal outstanding. ENTERED this 18th day of November, 2010. s/Jackson L. Kiser Senior United States District Judge