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ORIX CAPITAL MKTS. v. CADLEROCKS CENTENNIAL DRIVE

Civil No. 10-12019-NMG.

914 F.Supp.2d 57 (2012)

ORIX CAPITAL MARKETS, LLC in Its Capacity as Special Servicer and Attorney-in-Fact for Wells Fargo Bank, N.A. Formerly Known as Wells Fargo Bank Minnesota, N.A., as Trustees for Registered Holders of Salomon Brothers Mortgage Securities VII, Inc., Commercial Mortgage Pass-Through Certificate Series 2000 C-2, Plaintiff, v. CADLEROCKS CENTENNIAL DRIVE, LLC, Daniel Cadle, Defendants.

United States District Court, D. Massachusetts.

October 18, 2012.

Attorney(s) appearing for the Case

Armando E. Batastini , Nixon Peabody LLP, Providence, RI, for Plaintiff.

David H. Rich , Benjamin J. Wish , Todd & Weld LLP, Boston, MA, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiff ORIX Capital Markets ("ORIX") brings suit against defendants Cadlerocks Centennial Drive, LLC ("Cadlerocks" or "Borrower") and Daniel Cadle ("Cadle" or "Guarantor") for breach of a promissory note, a guaranty and an environmental indemnity agreement.

Currently before the Court is the plaintiff's motion for summary judgment with respect to Count II (breach of the Guaranty Agreement) and Count...

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