Resolution Trust Company (RTC or appel-lee), as receiver for ComFed Savings Bank (ComFed), brought the present action on July 13, 1993, to recover monies allegedly due from defendants-appellants Harold M. Gold and Graphics Leasing Corporation (collectively, “Gold”) under their joint guaranty of loans ComFed made to First Equity Funding Corporation. Gold did not answer until RTC filed its motion for entry of default. The late answer admitted the guaranty, contesting only the amount claimed by RTC. It asserted no affirmative defenses.
On September 20, RTC moved for summary judgment. After failing to file timely opposition, see D.Mass.Loc.R. 7.1(B)(2), Gold requested more time for discovery, see Fed. R.Civ.P. 56(f), and, on October 22, sought leave to amend its answer to interpose four affirmative defenses, see Fed.R.Civ.P. 15(a). The district court thereafter entered summary judgment for RTC and summarily denied Gold’s belated request for leave to amend its answer, without ruling on the re *253 quest for additional discovery, and Gold appealed. We affirm.
I
DISCUSSION
Leave to Amend
We review denials of leave to amend under Rule 15 for abuse of discretion, deferring to the district court for any adequate reason apparent from the record.
Demars v. General Dynamics Corp.,
The first claim Gold advances on appeal is that RTC waived its contractual right to immediate payment on default, an affirmative defense Gold sought to interpose in its tardy motion to amend. The proffered defense is frivolous.
The ComFed demand note provides that,
upon default,
the entire loan balance becomes “immediately due and payable without notice or demand of any kind.” Gold concedes that no principal or interest payments were ever made after September 15, 1991. The note further provides that failure to pay any amount, within ten days after it is due, constitutes an event of default. The waiver claim is based on the belated affidavit of Jeffery Stitt — a Gold consultant — submitted with Gold’s untimely motion for further discovery under Rule 56(f). Stitt’s conclusory characterizations of alleged parol discussions with anonymous RTC employees at unidentified times fall far short of “clear and convincing evidence,”
id.,
of “decisive and unequivocal conduct indicating that [RTC] would not insist that the contractual provision at issue be performed,”
Brennan v. Carvel Corp.,
As its “Second Affirmative Defense,” the proposed amended answer simply alleged that “The Complaint is barred by the doctrine of estoppel.” Gold presented neither explication nor argumentation in support of the estoppel claim in the district court.
McCoy v. Massachusetts Inst., of Tech.,
The third affirmative defense, predicated on Gold’s alleged entitlement to a one-year grace period to cure the default, fails due to the absence of competent evidence of an enforceable waiver and the fact that the default was never cured. See supra p. 253.
Finally, the proposed amended answer asserts — based exclusively on “information and belief’ — that ComFed failed to require the borrower to submit appraisals substantiating the 75% loan-to-collateral-value ratio required under the note, which allegedly placed Gold at undue risk under its unconditional loan guaranty. Not only does Gold point to no evidentiary basis for its “informa
*254
tion and belief,” it fails even to intimate that such evidence exists. Moreover, Gold’s attempt at delaying the inevitable adverse judgment would have failed for lack of competent evidence even if interposed in a timely manner.
See
Fed.R.Civ.P. 56(e);
Mesnick v. General Elec. Co.,
In sum, the motion for leave to amend, proffered at the eleventh hour to fend off summary judgment, proposed four patently futile affirmative defenses fully meriting summary rejection.
Jackson v. Salon,
Summary Judgment
Gold failed to oppose RTC’s motion for summary judgment within the fourteen-day period prescribed by local rule.
See
D.Mass.Loc.R. 7.1(B)(2). Of course, the failure to file timely opposition did not necessarily entitle RTC to summary judgment.
Lopez,
RTC proffered competent evidence that Gold was liable in the amount claimed under its loan guaranty. Moreover, an examination of all of Gold’s submissions — timely as well as untimely — has not disclosed a trialworthy issue of material fact relating either to the amount of the indebtedness or to any affirmative defense belatedly asserted in the district court. There is no basis for vacating summary judgment in these circumstances. 1
“Just Damages” Under Rule 38
Finally, RTC requests an award of “just damages,” including attorney fees and double costs, pursuant to Fed.R.App.P. 38. Even though Gold failed to interpose opposition to an award of just damages, we have discussed its frivolous appellate claims at undeserved length in order to demonstrate their dilatory aim and amenability to sanction. Moreover, Gold has offered no other plausible explanation, let alone a justification, for its dilatory litigation tactics below or on appeal. Accordingly, a reasonable attorney fee award and double costs shall be imposed against Gold for this frivolous, dilatory ap
*255
peal.
See Cowdell v. Cambridge Mut. Ins. Co.,
The district court judgment is affirmed. Double costs and a reasonable attorney fee are awarded to appellee, pursuant to Fed. R.App.P. 38, in an amount to be determined by the court. Appellee is allowed twenty days within which to submit its bill of costs and an application for a reasonable attorney fee award relating to this appeal. A copy thereof is to be served upon appellant’s counsel. Appellant shall be allowed twenty days within which to file written objection to the amounts requested by appellee.
SO ORDERED.
Notes
. Nevertheless, Gold frivolously contends on appeal that the district court committed reversible error in granting summary judgment without first ruling on Gold’s late and groundless request for further discovery time, pursuant to Fed. R.Civ.P. 56(f). The request was predicated on the unsubstantiated speculation that it is logically
possible
that the amount owed under the loan guaranty is different than the amount
established
by RTC. Since Gold does not even hint at any
discoverable evidence
to substantiate this speculation, it has presented "no plausible basis for asserting a belief that 'specified' discoverable facts probably existed.”
Mattoon v. City of Pittsfield,
