MYRON H. THOMPSON, District Judge.
Plaintiff Wells Fargo Bank filed this breach-of-contract action against defendant William B. Blount, alleging that Blount defaulted on a $300,000 loan. Jurisdiction is proper under 28 U.S.C. § 1332 (diversity of citizenship). Currently before the court is Wells Fargo's motion for summary judgment. For the reasons that follow, that motion will be granted.
Summary judgment is appropriate "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). The court must view the admissible evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor.
On May 23, 2007, Wells Fargo loaned $300,000 to William Blount.
Shortly thereafter, Blount defaulted. Rather than requiring the immediate payment of the money still owed, Wells Fargo agreed to a loan modification, which the parties signed on June 4, 2009. That agreement required Blount to satisfy the remaining balance on the original loan, plus 8 % interest, by December 1, 2010. It also continued Blount's obligation to Wells Fargo for its actual costs of collection.
Blount has since defaulted on his payment obligations under the loan-modification agreement. As of September 8, 2011, the amount Blount owed on the original note was $121,641.08, which consists of $105,363.33 in principal, $16,195.09 in accrued interest, and $82.66 in late charges. Wells Fargo brought this action in order to recover that amount, the interest that has subsequently accrued, and its actual costs of collection, including attorneys' fees.
Both the note and the modification agreement specify that Alabama law applies to this dispute. Alabama law provides that a promissory note is "prima facie" evidence of the holder's "right to recover the face of the note, interest, and upon proof of their value, its attorney's fees [if] . . . the note [so] provided."
In the face of this evidence of breach, Blount offers no rebuttal; instead, he admits his "responsibility under the note" and effectively concedes default. Resp. to Pl.'s Mot. for Summ. J. 4-5 (Doc. No. 29). Wells Fargo is therefore entitled to summary judgment on its breach-of-contract claim.
The only remaining issue is the amount owed. The Basile affidavit establishes that amount as $121,641.08, which consists of $105,363.33 in principal, $16,195.09 in accrued interest, and $82.66 in late charges.
For his part, Blount has completely failed to provide "specific facts showing that there is a genuine issue for trial."
Perhaps recognizing that the mere announcement of a disagreement fails to create a material issue of fact that would preclude summary judgment, Blount requests that the discovery deadline be extended so that he might "perform additional discovery with respect to the records of Wells Fargo." Resp. to Pl.'s Mot. for Summ. J. 5 (Doc. No. 29). But that ship has sailed, and, even if it were still at dock, Blount lacks a boarding pass.
In order to defeat a motion for summary judgment with a request for additional discovery, the nonmovant must show "by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition." Fed. R. Civ. P. 56(d).
Not only has Blount failed to submit a single affidavit or declaration in support of his request to reopen discovery, he has failed to allege what facts he anticipates obtaining were this court to grant his motion. Instead, he asks to turn back the clock on this litigation so that he might lead an unbounded fishing expedition into Wells Fargo's bank records. There is no basis to reopen discovery.
In order to defeat Wells Fargo's motion for summary judgment, which was supported by evidence that there was no material fact in dispute, Blount had to identify a genuine issue for trial. This he failed to do. Wells Fargo is therefore entitled to summary judgment on its breach-of-contract claim.
An appropriate judgment will be entered.