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AAI RECOVERIES, INC. v. PIJUAN

June 23, 1998

AAI RECOVERIES, INC., Plaintiff, against JOAQUIN PIJUAN, Defendant.


The opinion of the court was delivered by: LEISURE

OPINION AND ORDER

 LEISURE, District Judge :

 Plaintiff AAI Recoveries, Inc. ("AAI") brings this action to recover monies allegedly owed on four notes signed by defendant pro se Joaquin Pijuan ("Pijuan" or defendant). *fn1" Pursuant to Rule 56 of the Federal Rules of Civil Procedure, AAI moves for summary judgment. For the reasons stated below, the motion is granted.

 BACKGROUND

 As the United States Court of Appeals for the Second Circuit has explained:

 
Pursuant to 28 U.S.C. § 2071(a) and Rule 83 of the Federal Rules of Civil Procedure, district courts have the power to enact Local Rules governing their practice, procedure, and conduct of business. Local Rules have the force of law, to the extent that they do not conflict with rules prescribed by the Supreme Court, Acts of Congress, or the Constitution.

 Somlyo v. J. Lu-Rob Enters., Inc., 932 F.2d 1043, 1046 (2d Cir. 1991) (internal citations omitted). Local Rule 56.1 ("Rule 56.1") of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York provides:

 
(a) Upon any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, there shall be annexed to the notice of motion a separate, short and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried. Failure to submit such a statement may constitute grounds for denial of the motion.
 
(b) The papers opposing a motion for summary judgment shall include a separate, short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.
 
(c) All material facts set forth in the statement required to be served by the moving party will be deemed to be admitted unless controverted by the statement required to be served by the opposing party.

 Rule 56.1.

 AAI submitted a Rule 56.1 statement in support of its motion for summary judgment. Although Pijuan submitted an affidavit in opposition to AAI's motion, he did not submit a Rule 56.1 statement in response. Therefore, under Rule 56.1, Pijuan is deemed to have admitted all material facts set forth by AAI in its Rule 56.1 statement. The Court relies upon this statement in presenting, infra, the undisputed facts of the case.

 On March 14, 1990, Pijuan signed a note for $ 40,000, payable to Capitol National Bank ("Capitol"). On the same day, defendant also signed a note for $ 45,000, payable to Capitol. On March 15, 1990, Pijuan signed a note for $ 250,000, payable to Capitol. Finally, on April 27, 1990, defendant signed a note for $ 20,000, also payable to Capitol.

 On or about July 6, 1990, the Federal Deposit Insurance Corporation ("FDIC") was appointed as the receiver of Capitol. On July 24, 1997, the FDIC assigned the notes, to the Ernest Rady Trust (the "Rady Trust"). The Rady Trust then assigned the notes to ...


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