MM Arizona Holdings, LLC v. Bonanno et al, No. 2:2008cv05353 - Document 61 (S.D.N.Y. 2009)

Court Description: DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS EXCEPT ALLEN D. JENKINS re: 51 Motion for Summary Judgment. MMAZ has sufficiently established a prima facie case for summary judgment on the Guaranty. In turn, the Bonannos have not made a showing that there are any genuine issues of material fact, nor have they shown that they should be entitled to conduct further discovery under Rule 56(f). For the foregoing reasons, plaintiff's motion for s ummary judgment against the Bonannos and the Estate of Tamera Jenkins is GRANTED. Plaintiff shall submit a proposed judgment within 5 days. Once judgment is entered as to the Bonannos and the Estate of Tamera Jenkins, the Clerk of the Court will place this action on the suspense calendar until Allen Jenkins' bankruptcy is concluded. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 9/17/09) (tro) Modified on 9/23/2009 (tro).