Mrw, Inc. v. Big-O Tires, LLC

ORDER

Plaintiffs in this suit are two business entities, MRW, Inc. and 500 Luther Rd., LLP. Plaintiffs took a loan from defendant CIT Small Business Lending Corp. (“CIT”). This loan was guaranteed by four members of the Plainer family, who in turn owned and controlled plaintiffs. Plaintiffs sued CIT for fraud and breach of fiduciary duty in connection with this loan. CIT filed a third party complaint against the guarantors for breach of the guaranty contract. By order of October 16, 2009, the court granted summary judgment to CIT on both plaintiffs’ claims and on CIT’s third party claim.

Pending before the court are CIT’s request for entry of judgment as to the third party complaint, CIT’s bill of costs, and CIT’s motion to enforce the fee shifting provisions contained in the loan and guarantee agreements, under Fed.R.Civ.P. 58(d), 54(d)(1), and 54(d)(2), respectively. The court resolves these three matters on the papers and after oral argument. For the reasons stated below, all three are granted.

I. BACKGROUND

A. Loan and Guaranty

Plaintiffs borrowed $1,172,000 from CIT. Order of October 16, 2009 at 7-8, 2009 U.S. Dist. LEXIS 100785 , 2009 WL 3368438 (Order Granting Summary…