Opinion
01 C 50443
February 5, 2003
MEMORANDUM OPINION AND ORDER
Plaintiff, LG Seeds, a division of Agreliant Genetics LLC ("LG Seeds"), has filed a two-count amended complaint against Tom D. and Margaret Wilson, for breach of contract. As LG Seeds is a Delaware corporation with its principal place of business in Indiana, the Wilsons are both Illinois citizens, and the amount in controversy exceeds $75,000, diversity jurisdiction is proper based on 28 U.S.C. § 1332. Before the court is LG Seeds' motion for summary judgment, filed pursuant to Federal Rule of Civil Procedure 56.
By letter, counsel for the Wilsons has informed the court his clients will not be filing any response to LG Seeds' motion, thereby admitting all of the facts set forth in LG Seeds' LR 56.1(a) statement that are supported by the record and effectively conceding liability on both counts of the amended complaint. For completeness' sake, the court nevertheless will briefly review the relevant facts.
On December 15, 1993, Tom Wilson entered into a written agreement with Callahan Seeds (LG Seeds' predecessor in interest) to become a dealer of its seed products. Margaret Wilson signed a personal guaranty for all sums due and owing under that agreement. The dealership agreement also required the Wilsons to pay for any sums, including attorney's fees and court costs, expended by Callahan Seeds to collect any amounts left unpaid under the contract. Finally, the dealership agreement provided for a finance charge of two percent per month on all sums not paid when due.
With money due and owing under the dealership agreement, Tom Wilson signed another agreement and a promissory note on June 27, 2000 in which he agreed to pay LG Seeds the amount he believed to be outstanding at the time ($296,675.71). Wilson's failure to comply with the payment schedule contained within the promissory note entitled LG Seeds to recover the amount reflected as past due in Wilson's records ($574,334.57). LG Seeds has received only one payment in the amount of $10,000 pursuant to the June 2000 agreement and promissory note thus far, which is much less than what the payment schedule requires. Finally, Wilson has outstanding and past due balances on purchases he made subsequent to the written agreement in the amount of $292,880.
Once again, the Wilsons do not all dispute the validity of these agreements, what they mean, or that they have breached them by not making the necessary payments.
For the reasons stated above, LG Seeds' motion for summary judgment is granted. Judgment shall be entered in favor of LG Seeds and against both Tom D. and Margaret Wilson on Count I in the amount of $564,334.57, which represents the outstanding balance prior to, and specified in, the June 2000 agreement, minus the $10,000 payment received. Judgment shall also be entered in favor of LG Seeds and against both Tom D. and Margaret Wilson on Count II in the amount of $292,880.00, which represents the amount owing subsequent to the June 2000 agreement. LG Seeds shall also be entitled to an award of finance charges and its attorney's fees and costs, as set forth in the 1993 dealership agreement. The parties shall make a good faith attempt to stipulate to these amounts. If the parties are unable to stipulate to the amount of attorney's fees and costs, they shall proceed under Local Rule 54.3.