Bank of America NA v. Joshua

Filing 49

ORDER awarding Bank of America $5,386.712.21 as of 3/10/2011, plus $665.78 per day for ongoing interest between 3/9/2011, and the date judgment is entered. Post judgment interest will continue to run at the rate of 0.18 percent per annum. Signed by Judge Brian S. Miller on 7/26/2011. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BANK OF AMERICA, N.A.
v.

PLAINTIFF

CASE NO. 4:09-CV-00745 BSM

THELMA JOSHUA, individually; THELMA
JOSHUA, as trustee of THE THELMA
JOSHUA REVOCABLE TRUST; and
THELMA JOSHUA as TRUSTEE of THE
ERNEST P. JOSHUA REVOCABLE TRUST

DEFENDANT

ORDER
On February 7, 2011, Bank of Amerca’s motion for summary judgement was granted.
[Doc. No. 42]. Bank of America was asked to submit a damages calculation for review. Bank
of America has submitted its final calculations [Doc. No. 43], and defendants have replied
[Doc. No. 46].
Defendants object to the costs and attorney’s fees incurred by Bank of America,
contending that $596,714.78 is unreasonable. Defendants, however, agreed to pay legal costs
and expenses incurred by Bank of America defending its rights in the underlying loan and
enforcing the guaranty. See Summ. J. Order 4–5. As per the contract, Bank of America is
entitled to these costs and fees. The pleadings also indicate that there is nothing unreasonable
about the costs incurred by Bank of America to defend its rights in the underlying loan or to
enforce the guaranty.
Bank of America is awarded $5,386,712.21 as of March 9, 2011, plus $665.78 per day
for ongoing interest between March 9, 2011, and the date judgment is entered. Post judgment

interest will continue to run at the rate of 0.18 percent per annum.
IT IS SO ORDERED this 26th day of July 2011.

________________________________
UNITED STATES DISTRICT JUDGE

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