Schwartz v. Bank of America, N.A. et al

Filing 93

ORDER. ORDERED, that judgment shall enter in favor of Defendant Bank of America, N.A. on its claim for breach of contract and that judgment should enter against Keith A. Schwartz in the amount of $1,680,065.05, and post judgment interest of 6.3 75%, plus costs and attorney fees of collecting on this judgment. ORDERED, that the trial set for December 7, 2011 and the Trial Preparation Conference set for November 21, 2011 are VACATED. ORDERED, that Defendant Bank of Americas Motion in Limine to Exclude Testimony of Plaintiffs Expert Curtis Novy 91 , is DENIED as MOOT in light of the parties Stipulation for Judgment and this Order by Chief Judge Wiley Y. Daniel on 11/16/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01225 WYD-MJW
KEITH A. SCHWARTZ,
Plaintiff,
v.
BANK OF AMERICA, N.A.
BILL WALLACE IN HIS CAPACITY AS
PUBLIC TRUSTEE, SUMMIT COUNTY, COLORADO
Defendants.

ORDER

This matter comes before the Court on the parties’ joint Stipulation For
Judgment, [ECF No. 92], filed November 16, 2011. After a careful review of the file and
the joint stipulation, it is hereby
ORDERED, that judgment shall enter in favor of Defendant Bank of America,
N.A. on its claim for breach of contract and that judgment should enter against Keith A.
Schwartz in the amount of $1,680,065.05, and post judgment interest of 6.375%, plus
costs and attorney fees of collecting on this judgment. It is
FURTHER ORDERED, that the trial set for December 7, 2011 and the Trial
Preparation Conference set for November 21, 2011 are VACATED. It is
FURTHER ORDERED, that Defendant Bank of America’s Motion in Limine to
Exclude Testimony of Plaintiff’s Expert Curtis Novy [ECF No. 91], filed October 21, 2011
is DENIED as MOOT in light of the parties’ Stipulation for Judgment and this Order.

Dated: November 16, 2011.
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge

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