BILLY ROY WILSON, District Judge.
Pending are Third-party Defendant's Motion for Summary Judgment (Doc. No. 61) and Plaintiff's Motion for Summary Judgment (Doc. No. 63). Responses and replies have been filed.
In 2011, Third-party Defendant Walter Quinn and a man named John Lewis owned Rock Exploration, LLC, which was involved in the oil-and-gas business. Looking for another investor, Mr. Quinn offered to sell Mr. Randal Parsley a 10% stake in Rock Exploration. The agreement between Mr. Quinn and Mr. Parsley was never reduced to writing. Based on a report supplied by Mr. Quinn, Rock Exploration had $30 million in oil-and-gas reserves, which meant Mr. Parsley needed to pay $3 million to obtain the 10% stake. On December 19, 2011, Plaintiff Heartland Bank loaned Mr. Parsley and Ambassador Energy, LLC ("Defendants") $3 million, (at 7% annual interest) to invest in Rock Exploration. Defendants have not timely repaid the loan, and, as of August 30, 2017, a little over $1.7 million was outstanding on the loan, with interest accruing daily.
Heartland Bank filed the Complaint seeking repayment of the loan. Defendants responded by claiming they were duped by Mr. Quinn, and that Heartland Bank has unclean hands because it was owned by Mr. Quinn and knew what was going on with the loan. Mr. Quinn contends that Defendants' claims are subject to the statute of limitations.
Summary judgment is appropriate only when there is no genuine issue of material fact, so that the dispute may be decided on purely legal grounds.
The Court of Appeals for the Eighth Circuit has cautioned that summary judgment is an extreme remedy that should only be granted when the movant has established a right to the judgment beyond controversy.
Only disputes over facts that may affect the outcome of the suit under governing law will properly preclude the entry of summary judgment.
Plaintiff asserts that it is entitled to summary judgment because it is undisputed that Defendants took out a loan that is now overdue. Defendants do not deny this, but argue that Plaintiff may not recover based on the unclean-hands doctrine.
Defendants point to numerous "questions of fact" to support their claim of unclean hands. For example, when Defendants obtained the loan, Mr. Quinn "was the principal shareholder and chairman of Rock Bancshares, which owned all the stock of Heartland."
The undisputed facts are that Defendants borrowed $3 million to buy 10% of a business owned by Mr. Quinn. Defendants have not repaid the loan. Plaintiff seeks repayment. The fact that Mr. Quinn allegedly induced Defendants to get a loan and has failed to come through on his alleged agreement with Defendants is irrelevant to the dispute between Plaintiff and Defendants. Defendants obtained a loan from Plaintiff under terms that were agreeable to both parties. Defendants — through no fault of Plaintiff — have failed to repay the loan. Accordingly, Plaintiff's Motion for Summary Judgment (Doc. No. 63) is GRANTED.
Third-party Defendant Quinn asserts that he is entitled to summary judgment based on the statute of limitations — which everyone agrees is three years. According to Mr. Quinn, the statute of limitations commenced on January 12, 2012, because that was when Defendants first requested a certificate of ownership interest in Rock Exploration. Defendants contend that the claims did not arise until December 1, 2015, when Mr. Quinn finally denied having an agreement with Defendants.
It seems to me that the run-around Defendants allegedly got from Mr. Quinn (and Mr. Lewis) tolled the statute of limitations, since this run-around, obviously, lead Defendants to believe that the deal was still on. Mr. Quinn even admits that he was dodging Defendants — e.g. In 2013, Defendants asked Mr. Quinn about the remainder of the loan but "Quinn never provided Parsley a direct answer."
Accordingly, Third-party Defendant's Motion for Summary Judgment (Doc. No. 61) is DENIED.
Based on the findings of fact and conclusions of law above, Third-party Defendant's Motion for Summary Judgment (Doc. No. 61) is DENIED and Plaintiff's Motion for Summary Judgment (Doc. No. 63) is GRANTED.
Plaintiff should forthwith file a brief setting out an updated loan balance.
Trial on the Third-party Complaint remains set for Tuesday, October 10, 2017.
IT IS SO ORDERED.