Evans v. JP Morgan Chase Bank, N.A. et al

Filing 53

ORDER granting in part and denying in part 37 Motion for Summary Judgment; granting in part and denying in part 41 Motion for Summary Judgment. See Order for specifics. Signed by Honorable Susan O. Hickey on February 3, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
BARBARA V. EVANS
V.

PLAINTIFF
CIVIL NO. 1:12-cv-1038

JP MORGAN CHASE BANK, N.A.;
et al.

DEFENDANTS

ORDER
Before the Court is a Motion for Summary Judgment (ECF No. 37) filed on behalf of
Plaintiff Barbara V. Evans (“Evans”) and a Cross Motion for Summary Judgment (ECF No. 41)
filed on a behalf of Defendants JP Morgan Chase Bank, N.A (“JP Morgan”); EMC Mortgage
LLC f/k/a EMC Mortgage Corporation (“EMC”); Bank of America, N.A. (“Bank of America”);
and Deutsche Bank National Trust Company (“Deutsche Bank”). Plaintiff has responded. (ECF
No. 46). Defendants have replied. (ECF No. 51).
Upon consideration, for the reasons discussed in the Memorandum Opinion of even date,
Plaintiff’s Motion for Summary Judgment (ECF No.37) and Defendants’ Cross Motion for
Summary Judgment (ECF No. 41) are GRANTED IN PART and DENIED IN PART as
follows. As to Plaintiff’s civil contempt claim, the Court awards Plaintiff attorneys’ fees to the
date of this Order. Plaintiff should produce an affidavit from her attorneys of expenses incurred
within seven (7) days of the date of this Order. As to Plaintiff’s claim for a violation of Ark.
Code Ann. § 18-80-104, the Court awards Plaintiff $25,400 for Defendants’ violations. After the
reasonable attorneys’ fees are determined, the Court will enter a judgment. Plaintiff’s claim for
breach of contract is DISMISSED WITH PREJUDICE. Plaintiff’s claim for slander of title is
DIMISSED WITH PREJUDICE. Plaintiff’s conversion claim is DISMISSED WITH

PREJUDICE. Plaintiff’s ADTPA claim is DISMISSED WITH PREJUDICE. Plaintiff’s
gross negligence claim is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 3rd day of February, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge