SunTrust Bank v. Nik et al, No. 1:2011cv00343 - Document 54 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION re: SunTrust Bank's unopposed Motion for Summary Judgment 44 . Signed by District Judge Liam O'Grady on 2/22/12. (dper)
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I L E IN THE UNITED STATES DISTRICT COUR FOR THE EASTERN DISTRICT OF VIRGIN Alexandria Division SUNTRUST BANK. FEB 212012 CLERK, U.S. DISTRICT COURT ALEXANDRIA. VIRGINIA ) ) ) Plaintiff. ) v. ) MOIISEN MOSLEHI NIK. et at, ) ) Delendant. Civil Action No.: 1:1 l-cv-343 ) ) MEMORANDUM OPINION Before the Court is SunTrust Bank's ("SunTrust") unopposed Motion for Summary Judgment (Dkt. No. 44). As will be reflected in the subsequent Order. Plaintiffs Motion for Summary Judgment is GRANTED. I. Background Plaintiff alleges that Defendant Mohsen Moslehi Nik or Nik, Inc. (hereinafter individual defendant "Mr. Nik." corporate defendant "Nik Inc.," collectively "Defendant") wrongfully used international shipping documents from SunTrust to import shipments of rugs into the United States from two companies in Pakistan. SunTrust alleges that the Defendant improperly designated SunTrust as the consignee on the shipping documents for the rugs without tendering the required payment. Subsequently, Defendant breached his contracts with the Pakistani rug dealers, and as a result, SunTrust paid the two dealers a combined total of $204,585.85 to satisfy and settle the contract claims. SunTrust now seeks to recover this payment from the Defendants. II. Rule of Law The Federal Rules of Civil Procedure dictate that summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the I
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