General Electric Capital Corporation et al v. Malaszuk Specialized Logistics, LLC et al

Filing 58

JUDGMENT in favor of BMO Harris Bank N.A. against Malaszuk Specialized Logistics, LLC and John Malaszuk.Signed by District Judge Barbara B. Crabb on 5/6/2016. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BMO HARRIS BANK N.A.,
Plaintiff,

v.
MALASZUK SPECIALIZED LOGISTICS,
LLC, a Wisconsin limited liability company,
JOHN MALASZUK, an individual,

Case No. 3:15-cv-00191

Defendants.

~DOPOSlfl>]

ORDER ENTERING SUMMARY JUDGMENT

This matter having come before the Court on the motion of BMO Harris Bank N.A.
("Plaintiff') for summary judgment (the "Motion"); due notice having been given to Defendants,
Malaszuk Specialized Logistics, LLC and John Malaszuk (collectively, the "Defendants"); the
Court having personal and subject matter jurisdiction over this case and the parties thereto; and
upon consideration of the evidence submitted to this Court and the Court otherwise being fully
advised of the premises; the Court finds that there is no genuine issue as to any material fact and
that Plaintiff is entitled to judgment as a matter of law on all counts of the complaint.

IT IS HEREBY ORDERED THAT:
A.

Plaintiff's Motion for Summary Judgment is GRANTED;

B.

Judgment is hereby entered in favor of BMO Harris Bank N.A. and against John

Malaszuk in the amount of $383,952.72, plus interest accruing at the rate of $159.85 per diem
from December 23, 2015, through the date of this Order, plus post-judgment interest accruing
thereafter;

C.

Judgment is hereby entered in favor of BMO Harris Bank N.A. and against

Malaszuk Specialized Logistics, LLC in the amount of $164, 707 .63, plus interest accruing at the
rate of $68.85 per diem from December 23 , 2015 , through the date of this Order, plus postjudgment interest accruing thereafter;
D.

In addition to paragraphs A and B above, judgment is hereby entered in favor of

BMO Harris Bank N.A. and against Defendants, jointly and severally, in the amount of
$6,590.35, plus interest accruing at the rate of $2.59 per diem from December 23, 2015 , through
the date of this Order, plus post-judgment interest accruing thereafter; and
E.

This Court retains jurisdiction to enforce this Order.

Dated: 111~ ~.

~OL-A &I ~ 6 Ct..~L
United States District Judge

::J.o/(-

Order Prepared by:
Timothy S. Harris
Kelley A. Tibble
Reed Smith LLP
10 S. Wacker Drive, 40th FL
Chicago, IL 60606
[phone]
Fax: [phone]
[e-mail]
[e-mail]

Counsel for Plaintiff BMO Harris Bank N A.

2