Citibank (South Dakota) NA v. Surabian

Plaintiff Citibank (South Dakota) NA (“Citibank”) filed this suit against defendant Steven Surabian (“Surabian”) to recover an alleged credit card debt.

Surabian filed a timely answer and, in due course, the case was assigned a September 27,2010 trial date. On September 14, 2010, Citibank filed a Mass. R. Civ. P., Rule 56, motion for summary judgment, attaching in support of the motion an unsigned affidavit of a Citibank agent and requesting a hearing date of September 21, 2010, seven days later. Citibank had served Surabian with a copy of the motion, including the unsigned affidavit, on or…