Closson et al v. Bank of America N.A. et al

Filing 101

ORDER Granting 100 Proposed Order Submission filed by Bank of America NA and BAC Home Loans Servicing LP. The court Orders that Susan and Charles Closson recover nothing in this action. Judgment is entered in favor of Bank of America, for itself and as successor by merger to BAC Home Loans Servicing, LP, and against Susan and Charles Closson. Bank of America may seek recovery of its attorneys' fees and costs. Signed by Judge James C. Mahan on 1/15/2013. (Copies have been distributed pursuant to the NEF - SLD)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
Akerman Senterfitt LLP
1160 Town Center Drive, Ste. 330
Las Vegas, Nevada 89144
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Bank of America, N.A.
as itself and as successor by merger to BAC Home
Loans Servicing, LP

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UNITED STATES DISTRICT COURT
1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT LLP

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DISTRICT OF NEVADA
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SUSAN CLOSSON
CLOSSON,

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and

CHARLES

R.

Case No.: 2:11-CV-00275-JCM-GWF
JUDGMENT IN A CIVIL CASE

Plaintiffs

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vs.

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BANK OF AMERICA, N.A.; BAC HOME
LOANS SERVICING, LP; JILL WOSNAK
and DOES 1-20,

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Defendants.

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The court held a trial by jury in this action on January 7 and 8, 2013. A jury of eight persons
was regularly empanelled on January 7, 2013. Plaintiffs Susan and Charles Closson, and defendant
Bank of America, N.A. (for itself and as successor by merger to BAC Home Loans Servicing, LP),
presented evidence through documents the court admitted and witnesses who testified. After hearing
the evidence, jury instructions, and arguments by the parties' attorneys, the jury returned its verdict
on January 8, 2013. The jury's verdict was unanimously in favor of Bank of America. The plaintiffs
declined to poll the jury. Pursuant to its verdict, the jury found the Clossons failed to prove by a
preponderance of the evidence that Bank of America committed a breach of contract or a breach of
the implied covenant of good faith and fair dealing.
{25541696;1}

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The court therefore ORDERS AND ADJUDGES that (1) Susan and Charles Closson

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recover nothing in this action, (2) judgment is entered in favor of Bank of America, for itself and as

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successor by merger to BAC Home Loans Servicing, LP, and against Susan and Charles Closson,

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and (3) Bank of America may seek recovery of its attorneys' fees and costs as provided by law and

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the rules of this court.

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January day of January, 2013.
DATED this ____ 15, 2013.

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_______________________________________
UNITED STATES DISTRICT JUDGE

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1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT LLP

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Submitted by:

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AKERMAN SENTERFITT, LLP

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/s/ Ariel E. Stern
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
Akerman Senterfitt LLP
1160 Town Center Drive, Ste. 330
Las Vegas, Nevada 89144
Attorneys for Bank of America, N.A.
as itself and as successor by merger to BAC Home
Loans Servicing, LP

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{25541696;1}

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