James Gibson v. Wells Fargo Bank ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1165
JAMES O. GIBSON; TERI GIBSON,
Plaintiffs - Appellants,
v.
WELLS FARGO BANK, N.A.; OCWEN LOAN SERVICING, LLC,
Defendants – Appellees,
and
NECTAR PROJECTS, INCORPORATED,
Defendant.
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)
Submitted: December 13, 2011 Decided: January 4, 2012
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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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