Case 1:04-cv-00800-GJQ

Document 103

Filed 09/25/2006

Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Samuel R. Moore, Jr. and
Carolyn A. Moore,

)
)
)
Plaintiffs,
)
v.
)
)
Cycon Enterprises, Inc.,
)
)
Defendant.
)
____________________________________)

Case No. 1:04-cv-800

Hon. Gordon J. Quist

Plaintiffs Motion for Summary

Judgment for Damages and Other Relief

Plaintiffs Samuel R. Moore, Jr. and Carolyn A. Moore move pursuant to Rule 56(c) of the
Federal Rules of Civil Procedure for summary judgment against defendant Cycon Enterprises,
Inc., requesting damages and equitable relief.
Specifically, the Moores request that the Court (a) award them statutory damages of
$2,000.00 in connection with Cycons failure to make the cost-of-credit disclosures required by
the Truth in Lending Act; (b) award them additional statutory damages in the amount of
$2,000.00 in connection with Cycons violation of the Truth in Lending Act for failing to
respond properly to the Moores rescission notice; (c) adjudge that the remaining balance on the
loan from Cycon to the Moores is $175,403.49; (d) allow the Moores a period of 120 days from
the Courts final order in this case to obtain refinancing and pay the loan balance to Cycon, or in
the alternative, allow the Moores a period of two years from the Courts final order in this case to
sell their property, with interest to accrue in favor of Cycon beginning on the 121st day at a rate of
seven percent per annum, and with Cycon having the option to foreclose on its equitable
mortgage at the expiration of the period of two years; and (e) award the Moores their costs and a

Case 1:04-cv-00800-GJQ

Document 103

Filed 09/25/2006

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reasonable attorneys fee, to be determined upon application at the conclusion of this lawsuit.
This motion is support by plaintiffs Brief in Support which is being filed herewith, as
well as the various exhibits, including affidavits, that are being filed as attachments to the brief.
Dated: September 25, 2006

Respectfully submitted,
/s/ Phillip C. Rogers
Phillip C. Rogers (P34356)
Attorney for Plaintiffs
Trust Building, Suite 336
40 Pearl Street, N.W.
Grand Rapids, Michigan 49503
(616) 776-1176