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Gibson v. Wells Fargo Bank, N.A.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 4, 2012
No. 11-1165 (4th Cir. Jan. 4, 2012)

Summary

affirming in light of Horvath

Summary of this case from Pham v. Bank of N.Y.

Opinion

No. 11-1165

01-04-2012

JAMES O. GIBSON; TERI GIBSON, Plaintiffs - Appellants, v. WELLS FARGO BANK, N.A.; OCWEN LOAN SERVICING, LLC, Defendants - Appellees, and NECTAR PROJECTS, INCORPORATED, Defendant.

Christopher Edwin Brown, BROWN, BROWN, & BROWN, PC, Alexandria, Virginia, for Appellants. D. Margeaux Witherspoon, Rachel McGuckian, MILES & STOCKBRIDGE, P.C., McLean, Virginia, for Appellees.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:10-cv-00304-LO-IDD) Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Christopher Edwin Brown, BROWN, BROWN, & BROWN, PC, Alexandria, Virginia, for Appellants. D. Margeaux Witherspoon, Rachel McGuckian, MILES & STOCKBRIDGE, P.C., McLean, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

James O. Gibson and Teri Gibson appeal the district court's orders denying the Gibsons leave to amend their responses to the Appellees' requests for admissions and granting summary judgment against the Gibsons in their action seeking to prevent the Appellees from foreclosing on their property. We have reviewed the record and find no reversible error. In particular, we reject the Gibsons' assertion that our holding in Horvath v. Bank of New York, N.A., 641 F.3d 617 (4th Cir. 2011), precludes entry of summary judgment in favor of the Appellees and requires summary judgment in the Gibsons' favor. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED


Summaries of

Gibson v. Wells Fargo Bank, N.A.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 4, 2012
No. 11-1165 (4th Cir. Jan. 4, 2012)

affirming in light of Horvath

Summary of this case from Pham v. Bank of N.Y.
Case details for

Gibson v. Wells Fargo Bank, N.A.

Case Details

Full title:JAMES O. GIBSON; TERI GIBSON, Plaintiffs - Appellants, v. WELLS FARGO…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jan 4, 2012

Citations

No. 11-1165 (4th Cir. Jan. 4, 2012)

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