lack of that label required the case to be dismissed because the appellant's did not follow that procedure the seven circuit here stated in packer that the district court is entitled to a road map if the position and it drops down a list ten disputed facts in bold print each of these facts are later analyzed case law legal analysis and has specific citation to the record would be identical except for the label that was used in the brief it's also common knowledge that cases should be heard on the merits not dismissed because of a technicality a local rule and finally the next issue is the response to the qualified written request by chase under arrest a service or must you wanted three things they must correct the accounts they must provide a written explanation of why the count is correct or they must provide the requested information or explain why it's not available to frame this issue and discuss it i want to provide a hypothetical to better explain it on a daily basis say for example when my wife and i go out to our favorite restaurant  we have a couple appetizers it's montral yes wine so those are at the you know that meal the server brings over the bill i look at the bill and there's an issue with the bill i believe there's a mistake in the bill so i call the server at the table i give the bill to the server the server goes away for a few moments the server comes back to the table and places in front of me the exact same bill nothing more nothing less i can't discern from looking at the identical bill whether the bills correct or where there's a mistake on it here chase provided two documents in its response to the first qualified written request prevent chase from placing the loan in the fall after the plaintiffs and under paid their mortgage for several months leading up to december twenty years judge there was a twenty nine dollars under payment the reason for under pain is because in two thousand and nine  the bar was denied update their automatic which roughly account if the borrowers didn't pay that difference the twenty nine dollars for the twelve months there would have been a larger overage they still at the end of twenty men receive a two hundred fifty but isn't the plainest position that they would have started making their mortgage payments immediately after learning the chase place its december two thousand and ten payment in a suspense account because it was less than the amount due there is not the  position of the palin is is that as of january two thousand and eleven when they found out the december third payment was put into the suspense account a late fee was triggered on december sixteenth the twenty ten point of the mortgage the to the mortgage doesn't fix the problem chase has to go into the system take the payment today greed accept the thirteen ninety nine and a client toward the principle the conversation is key here that conversation is documented in the call and as a result of that conversation the borrowers were told to go to the local chase bank branch make a payment thirteen ninety nine that's what they did chase failed to code the system to accept that new credit pa payment but the automatic system was terminated their withholding payments at this time until the issues figured out so when chase argues that it's their problem because they're not making any more payments issues closing the law practice i mean i understand that these things happened around the time that the plaintiff were having problems with chase but was the evidence of causation besides the fact these things  then there is no correct response the cost of that procedure alone is actual damages let's keep in mind that the way this case has pled damages is to be decided by the jury not the district but if the only causal connection is to postage then you're going to go to a jury trial to recover postage know your honor well what's the what's the evidence that link of causation to the other categories of damages that are being claimed it seems to me that it best you've got an incomplete compliance because your clients didn't get an explanation of the double insurance payment as to who which insurance companies  got at that that's omitted from the payment history they got a full payment history a full account history and a full history of the status of the escrow account over a period of years so what was omitted was that one payment went to all state the other payment went to how homesite but they already knew that so they can't really claim any damages from that omission and the other thing they didn't get was a narrative explanation of the adjustment that was made in december tw suspense account you know pending a complete payment so they didn't get that narrative explanation those two things so what categories of damages are cosily lin attributable to those two admissions other than the postage for having to send another request i'm a clarify something first of all the two homeowners payments throughout the night we will concede that those homeowne dispute of fact about whether chase's recalculation was accurate or not it it seems to me that the rest of violation which is what we're here on whether the response of the service or complied with the duties imposed by rest and if information was omitted i don't know what damages what categories of damages your clients are claiming from that they can't claim the damages associate with the foreclosure because the foreclosure had nothing to do with this respite dispute the foreclosure had everything to do with them not paying their bills so those damages the emotional distress damages the financial damages  loss of the marriage etc the loss of her time away from the law practice etc none of that is costly linked to the rest of violation seems to me that the only thing that you've identified as causally linked to the rest of violation is postage or at least that's all i've heard so far your honor cattle on the party submitted evidence motional stress in the court held that was enough to get past your ok you know we're here on the novo review right so you have to convince us that there's some other category of damages other than postage that is attributable to the rest the violation not not to the foreclosure the times that print qualified were bust and how much is that time away from work  much is that mr parents spent about one hundred dollars at this time as jackson in the briefing a believe was nine hundred dollars of time in drafting the second request his order rate at the time was one hundred bucks an hour mr jackson took nine hours sit draft that second request looking a dollars not the biggest issue here is this friendship crisis caused problems their marriage they remember twenty five years yes but that's attributable to the foreclosure that's not attributable to the rest the violation there's no question of the foreclosure was fully was by virtue of nonpayment of the mortgage for many many months and you can't claim those damages are causing linked to arrest you only get those damages that are you know costly links that occur as a result of the failure to provide complete information part of the rules on the rest is if there get more judges may please the court i'm david jerk which here on behalf of j p morgan chase bank borrowers have not shown that chase made any error in the computation of their monthly mortgage payments account chase's response contained a detailed payment history that shows how every payment was received and then where it was placed so there is there's a sufficient demonstration that that money was not enough to make a mortgage payment and was placed into suspense it doesn't explain the recalculation your honor when you say the recalculation is referring to their theory that they should have taken part of the two fifty an applied it will not be the the reason why there was a short fall is because as i understand it the escrow account was short because of the failure of the plaintiffs to send the reimbursement check from allstate so that's case and that's why mortgage payment the total mortgage payment for twenty ten was recalculate it your honor that is correct excuse me that and all story and then there december payment was short by some small amount correct they chose to underpay the two thousand and ten payments for whatever reason maybe through lack of diligence to know that should have been fourteen ninety dunning make even a second request for information about their account history for the new time period same rate one through april twenty seventh in the us in the explanation there either is just the raw numbers there was no payments made during that period so there'd be nothing different to account to them for they ceased payments in december of two thousand and ten so we would supply them with the same information yet but they're still there was no explanation when they made that second requests it's how this to how that calculation heard it correct your honor the second request it was duplicative of the first any information supplied with the first would've answered the second request and cases cited in the brief demonstrate that there's no need to send the same information  i'd like to talk about the duty of good faith and fair dealing they raised the chase breach that the district court found that such a duty may arise in the escrow administration of alone here i think the plaintiffs of told this court that they're not pursuing any escrow violations this all relates to a payment violation or concern in december of two thousand and ten but even so there's been no demonstration the chase mishandled the escrow account so there couldn't be a breach even if there is a duty so let's speak to damages that time spent away from work preparing the requests for information is a nest of fish and to establish actual damages and arrest respire requires a demonstration that the damages flow from the violation here any potential violation that the plaintiffs raise would relate to credit reporting in violation of rest of which there is no demonstration of any credit reporting events or to the fact that there was an insufficient explanation in fact our december fourth two thousand and eleven letter to the debtors the borrowers letting them know that there's been a default in payments sets forth in paragraph seven that if you tender less than an amount due chase may apply that without leaving any default so even before sending the qualified written request chase's explain what would happen to an insufficient payment such as december chase timely responded to the qualified written request that acknowledged the qualified written request timely and provided sufficient information to answer the borrowers concerns interesting you believe if you look at q w r one or the january ten letter from the borrowers it says that they dispute the payments set forth in their december twenty second two thousand and ten mortgage statement there is no december twenty second two thousand and ten mortgage statement in evidence so we don't even know what they're disputing if you take the very letter if you do have you are one then in the next sentence is they reference the fourteen twenty two in escrow and the thirteen ninety nine in december payment those are more in the framework of a declarative sentence a concern then they outline a request for eight items of information such as escrow and application funds and that was provided to them in chase's response to the january tenth letter so  time they responded and adequately responded but like to talk to the obligations under the local rules as set forth in footnote one of the decision it's within the court's discretion to take chase's faxes  controverted where borrowers failed to follow the local rules here they did not include a section their brief material facts in dispute and the core clearly had the option to proceed with the facts as designated by chase's uncontroverted that is a different standard of review than do novo that would be abuse of discretion standard and there's been no demonstration that the district court violated any case law in determining chase's facts to be undisputed unless the judges have any questions i will conclude this seems not thank you  pressure got about thirty seconds