Developers Surety and Indemnity Company v. Wheeler et al, No. 6:2019cv00794 - Document 21 (D. Or. 2020)
Court Description: OPINION AND ORDER: Granting Plaintiff's Motion for Summary Judgment 18 . Signed on 8/6/2020 by Judge Michael J. McShane. (cp)
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Developers Surety and Indemnity Company v. Wheeler etDocument al Case 6:19-cv-00794-MC 21 Filed 08/06/20 Doc. 21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DEVELOPERS SURETY AND INDEMNITY COMPANY, a foreign corporation, Plaintiff, v. Case No. 6:19-cv-794-MC OPINION AND ORDER BETH ANN WHEELER, individually and as Trustee of the WHEELER FAMILY TRUST dated March 9, 2007; and ROBERT DAVID WHEELER, individually and as Trustee of the WHEELER FAMILY TRUST, dated March 9, 2007, Defendants. _____________________________ MCSHANE, Judge: Plaintiff moves for summary judgment on its claim of breach of contract against defendants. ECF No. 18. Defendants filed a notice stating they would not file a response. ECF No. 20. 1 – OPINION AND ORDER Dockets.Justia.com Case 6:19-cv-00794-MC Document 21 Filed 08/06/20 Page 2 of 2 STANDARDS Rule 56 governs the motion for summary judgement. “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). DISCUSSION Defendants signed an indemnification agreement with Plaintiff. Exhibit 1; ECF No. 18. Plaintiff submitted a declaration outlining $906,910.41 in losses and expenses. ECF No. 19. Plaintiff submitted evidence indicating “The payments in Exhibit 1 were made based on a reasonable and good faith belief that the amounts were due and owing, after a reasonable investigation.” ECF No. 19. The agreement provides interest shall accrue at 12% per annum. The interest comes to $216,939.94 as of May 30, 2020. Ex. 2. The total amount outstanding is $1,012,454.51 as of May 30, 2020, plus $266.08 per day through the entry of judgment. Plaintiff informed defendants of the losses on February 9, 2018 and requested indemnity. Compl. 17-19. Defendants breached the agreement by not indemnifying Plaintiff. As Plaintiff produced evidence indicating Defendants breached the agreement, and Defendants failed to offer any evidence presenting a genuine issue of material fact, Plaintiff’s motion for summary judgment on its breach of contract claim is GRANTED. CONCLUSION Plaintiff’s Motion for Summary Judgement, ECF No. 18, is GRANTED. IT IS SO ORDERED DATED this 6th day of August, 2020. /s/ Michael McShane Michael McShane United States District Judge 2 – OPINION AND ORDER
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