UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
October 2, 2007
WELLS FARGO EQUIPMENT FINANCE, INC., PLAINTIFF,
INCHON LLC, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hochberg, District Judge
OPINION and ORDER
This matter having come before the Court upon Defendant Wells Fargo Equipment Finance's ("Wells Fargo") August 17, 2007 Motion for Summary Judgment on Counts 7 and 8 of Defendant's October 12, 2006 Amended Complaint against Defendant Strekalov; and the Court having considered the arguments of the parties on the papers pursuant to Fed. R. Civ. P. 78;*fn1 and it appearing that, pursuant to Fed. R. Civ. P. 56(c), a motion for summary judgment will be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); and it appearing that "summary judgment may be granted only if there exists no genuine issue of material fact that would permit a reasonable jury to find for the nonmoving party." Miller v. Indiana Hosp., 843 F.2d 139, 143 (3d Cir. 1988); and it appearing that Defendant Strekalov has submitted a sworn affidavit pursuant to this Court's September 11, 2007 order putting Defendant Strekalov on notice as to the requirements of Fed. R. Civ. P. 56(e) and permitting Defendant Strekalov an additional 20 days to meet those requirements; and it appearing that Defendant Strekalov's affidavit raises a genuine issue of material fact with regard to the validity of the signatures on the Master Lease, Equipment Schedules, Guaranty, and Notice of Assignment; and it appearing that Counts 7 and 8 are therefore unsuitable for summary judgment;
IT IS on this 2nd day of October, 2007, ORDERED that Defendant's Motion for Summary Judgment on Counts 7 and 8 against Defendant Strekalov is DENIED; and it is further
ORDERED that the remaining parties shall proceed to court annexed arbitration pursuant to Local Rule 201.1.
Hon. Faith S. Hochberg, U.S.D.J.