Ihebereme v. Capital One, N.A. ex rel. Chevy Chase Bank FSB
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s orders filed March 28, 2013, and November 12, 2013, be affirmed.
Appellant has not demonstrated a genuine issue of material fact that appellee breached its duty of good faith and fair dealing or violated the D.C. Consumer Protection Procedures Act by preventing him from making mortgage payments. See generally Allworth v. Howard University, 890 A.2d 194, 201 (D.C. 2006); D.C.Code § 28-3904(f). Nor has appellant shown that appellee breached its duty of good faith and fair dealing or violated the Homeowners Protection Act, 12 U.S.C. § 4901 et seq., by denying his request to cancel the private mortgage insurance (“PMI”) requirement.
To the extent appellant bases his defamation claim on a Notice of Foreclosure dated August 11, 2009, appellant does not address the district court’s conclusion that he could not present this document for the first time in a Rule 59(e) motion for reconsideration because it was not “new evidence” that was previously unavailable. See Exxon Shipping Co. v. Baker, 554 U.S. 471, 485 n. 5, 128 S.Ct. 2605, 171 L.Ed.2d 570 (2008) (“Rule 59(e) ... may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.”) (internal quotation omitted). The court declines to consider appellant’s arguments, raised for the first time on
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
Reference
- Full Case Name
- Christopher IHEBEREME, Chidozie Ihebereme v. CAPITAL ONE, N.A., as successor to Chevy Chase Bank FSB and Chevy Chase Bank FSB
- Cited By
- 5 cases
- Status
- Published