C & W Asset Acquisition LLC v. Knox

PER CURIAM: *

Plaintiff C & W Asset Acquisition, LLC (“C & W”) appeals the district court’s grant of summary judgment, sua sponte, in favor of defendant Donald Knox (“Knox”), finding no genuine issue of material fact that C & W’s action to collect on a matured promissory note was time-barred. Specifically, the district court held that C & W, as an assignee of the Federal Deposit Insurance Corporation (“FDIC”), cannot benefit from the tolling provision in 28 U.S.C. § 2415 for partial payments made after an assignment. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL HISTORY

The…