IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02676-WYD-CBS

RESON LEE WOODS and

SHAUN K. WOODS,

Plaintiffs,

v.

THE FIRST NATIONAL BANK OF DURANGO, a chartered National Bank;

BANKNOTE CAPITAL CORPORATION, an Illinois Corporation; and

TONY DIASIO, an individual,

Defendants.

FINAL JUDGMENT

Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order, filed on

September 26, 2013, by the Honorable Wiley Y. Daniel, Senior United States District

Judge, and incorporated herein by reference as if fully set forth, it is hereby

ORDERED that the parties’ Stipulated Motion To Dismiss Defendants Tony

Diasio And Banknote Capital Corporation With Prejudice [ECF Doc. No. 106] is

GRANTED, and defendants, Banknote Capital Corporation and Tony Diasio, are

DISMISSED WITH PREJUDICE from this action. Each party bears its own attorney

fees and costs.

THIS MATTER came before the Court and a jury of ten duly sworn to try the

matter on August 3, 2015, the Honorable Wiley Y. Daniel, Senior United States District

Judge, presiding. On August 3, 2015, Plaintiffs withdrew their Deceptive Trade

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Practices claim. On August 7, 2015, Plaintiffs withdrew their Tortious Interference with

Prospective Business Relations and Tortious Interference with Contractual Relations

claims. On August 7, 2015, the Court granted Defendant’s oral motion under Rule 50

as to Plaintiffs’ outrageous conduct claim. On August 11, 2015, the jury returned its

verdict as follows:

Verdict Form

SECTION I. EQUAL CREDIT OPPORTUNITY ACT ("ECOA")

1. Did the Plaintiffs submit to the Defendant a completed application for

credit seeking the permanent/take-out loan? (Yes or No)

ANSWER: YES

2. Did the Defendant take an adverse action? (Yes or No)

ANSWER: YES

3. Did the Defendant fail to notify the Plaintiffs in writing within 30 days of

receiving a completed credit application of its decision not to make the

permanent/take-out loan? (Yes or No)

ANSWER: NO

If you answered "No," to Question 1, 2, or 3, skip Question 4 and proceed to the

note before Section II. If you answered "Yes," to Questions 1, 2, and 3, proceed to

Question 4.

4. State your answers to the following questions relating to the Plaintiffs'

damages that were caused by the Defendant in relation to the ECOA:

a. What is the total amount of the Plaintiffs' actual damages? Actual

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damages are those damages described in Instruction 21. You should answer "0" if you

determine there were none. 

If you determine that the Defendant has proved its affirmative defense of failure to

mitigate by a preponderance of the evidence, you shall determine the amount of

damages caused by the Plaintiffs' failure to take such reasonable steps. This amount

must not be included in your award of damages. The considerations for the affirmative

defense of failure to mitigate are described in Instruction 51. 

ANSWER: $__________

b. What is the total amount of the Plaintiffs' punitive damages? Punitive

damages are those damages described in Instruction 22. You should answer "0" if you

determine there were none.

ANSWER: $__________

Note: In regard to the Fraud, Negligent Misrepresentation, Breach of Contract,

and Promissory Estoppel claims, you may award the Plaintiffs damages only once for

the same damages if you find for the Plaintiffs on more than one of these claims for

relief. 

Proceed to Section II.

SECTION II. FRAUD

1. Did the Defendant make a false representation of a past or present fact? 

(Yes or No)

ANSWER: NO

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2. Was the fact material? (Yes or No)

ANSWER: NO

3. At the time the representation was made, did the Defendant:

a. know the representation was false; or 

b. was the Defendant aware that it did not know whether the

representation was true or false? (Yes or No)

If you answered "Yes," to either Question 2(a) or 2(b), mark your answer to this

question as "Yes." If you answered "No," to both Questions 2(a) and 2(b), mark your

answer to this question as "No."

ANSWER: NO

4. Did the Defendant make the representation with the intent that the

Plaintiffs would rely on the representation? (Yes or No)

ANSWER: NO

5. Did the Plaintiffs rely on the representation? (Yes or No)

ANSWER: NO

6. Was the Plaintiffs' reliance justified? (Yes or No)

ANSWER: NO

7. Did this reliance cause damages to the Plaintiffs? (Yes or No)

ANSWER: NO

If you answered "No," to Question 1, 2, 3, 4, 5, 6, or 7, skip Question 8 and

proceed to Section III. If you answered "Yes," to Questions 1, 2, 3, 4, 5, 6, and 7,

proceed to Question 8.

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8. State your answer to the following question relating to the Plaintiffs' damages

that were caused by the Defendant in regard to the Fraud claim. What is the total

amount of the Plaintiffs' damages that were caused by the Defendant's fraud? The

considerations for these damages are described in Instruction 30. You should answer

"0" if you determine there were none. 

If you determine that the Defendant has proved its affirmative defense of failure

to mitigate by a preponderance of the evidence, you shall determine the amount of

damages caused by the Plaintiffs' failure to take such reasonable steps. This amount

must not be included in your award of damages. The considerations for the affirmative

defense of failure to mitigate are described in Instruction 51.

ANSWER: $__________

SECTION III. NEGLIGENT MISREPRESENTATION

1. Did the Defendant give false information to the Plaintiffs? (Yes or No) 

ANSWER: NO

2. Did the Defendant give such information to the Plaintiffs in the course of the

Defendant's business? (Yes or No)

ANSWER: NO

3. Did the Defendant give the information to the Plaintiffs for the use of the

Plaintiffs in a business transaction? (Yes or No)

ANSWER: NO

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4. Was the Defendant negligent in obtaining or communicating the information? 

(Yes or No)

ANSWER: YES

5. Did the Defendant give the information with the intent or knowing that the

Plaintiffs would act or decide not to act in reliance on the information? (Yes or No)

ANSWER: NO

6. Did the Plaintiffs rely on the information supplied by the Defendant? (Yes or

No)

ANSWER: YES

7. Did this reliance on the information supplied by the Defendant cause damage

to the Plaintiffs? (Yes or No)

ANSWER: YES

If you answered "No," to Question 1, 2, 3, 4, 5, 6, or 7, skip Questions 8 and 9,

and proceed to Section IV. If you answered "Yes," to Questions 1, 2, 3, 4, 5, 6, and 7,

proceed to Question 8.

8. Has the Defendant proved, by a preponderance of the evidence, its

affirmative defense of waiver? The affirmative defense of waiver is described in

Instruction 52. (Yes or No) 

ANSWER: __________

If you answered "No," to Question 8, proceed to Question 9. If you answered

"Yes," to Question 8, skip Question 9 and proceed to Section IV.

9. State your answer to the following question relating to the Plaintiffs' damages

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that were caused by the Defendant in regard to the Negligent Misrepresentation claim. 

What is the total amount of the Plaintiffs' damages that were caused by the Defendant's

negligent misrepresentation? The considerations for these damages are described in

Instruction 36. You should answer "0" if you determine there were none. 

If you determine that the Defendant has proved its affirmative defense of failure

to mitigate by a preponderance of the evidence, you shall determine the amount of

damages caused by the Plaintiffs' failure to take such reasonable steps. This amount

must not be included in your award of damages. The considerations for the affirmative

defense of failure to mitigate are described in Instruction 51.

ANSWER: $__________

SECTION IV. BREACH OF CONTRACT

1. Did the Defendant enter into a contract with the Plaintiffs to make two loans, a

construction loan and a permanent/take-out loan to pay off the construction loan? 

(Yes or No)

ANSWER: NO

2. Did the Defendant fail to make the permanent/take-out loan described in 

Exhibit 6? (Yes or No)

ANSWER: YES

3. Did the Plaintiffs substantially comply with their part of the contract? (Yes or

No)

ANSWER: NO

If you answered "No," to Question 1, 2, or 3, skip Questions 4, 5, and 6, and

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proceed to Section V. If you answered "Yes," to Questions 1, 2, and 3, proceed to

Question 4.

4. Has the Defendant proved, by a preponderance of the evidence, its

affirmative defense of waiver? The affirmative defense of waiver is described in

Instruction 52. 

(Yes or No)

ANSWER: __________

If you answered "Yes," to Question 4, skip Questions 5 and 6, and proceed to

Section V. If you answered "No," to Question 4, proceed to Question 5.

5. State your answer to the following question relating to the Plaintiffs' damages

that were caused by the Defendant in regard to the Breach of Contract claim. What is

the total amount of the Plaintiffs' general damages? General damages are those

damages described in Instruction 45. You should answer "0" if you determine there

were none. 

If you determine that the Defendant has proved its affirmative defense of failure to

mitigate by a preponderance of the evidence, you shall determine the amount of

damages caused by the Plaintiffs' failure to take such reasonable steps. This amount

must not be included in your award of damages. The considerations for the affirmative

defense of failure to mitigate are described in Instruction 51.

ANSWER: $__________

If you answered "$0," to Question 5, proceed to question 6. Otherwise, proceed to

Section V.

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6. What is the total amount of the Plaintiffs' nominal damages? Nominal

damages are those damages described in Instruction 44. You should answer $1 if you

find in favor of the Plaintiffs on the Breach of Contract claim, but do not award any

general damages. 

ANSWER: $__________

SECTION V. PROMISSORY ESTOPPEL

1. Did the Defendant make a clear and definite promise to the Plaintiffs? 

(Yes or No)

ANSWER: NO

2. Should the Defendant have reasonably expected the Plaintiffs to rely on

the promise? (Yes or No)

ANSWER: NO

3. Did the Plaintiffs rely on the promise to their detriment? (Yes or No)

ANSWER: NO

If you answered "No," to Question 1, 2, or 3, stop and sign the Verdict Form. If

you answered "Yes," to Questions 1, 2, and 3, proceed to Question 4.

4. State your answer to the following question relating to the Plaintiffs' damages

that were caused by the Defendant in regard to the Promissory Estoppel claim. What is

the total amount of the Plaintiffs' damages that were caused by the Plaintiffs' reliance on

the Defendant's promise? The considerations for these damages are described in

Instruction 47. You should answer "0" if you determine there were none. 

If you determine that the Defendant has proved its affirmative defense of failure

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to mitigate by a preponderance of the evidence, you shall determine the amount of

damages caused by the Plaintiffs' failure to take such reasonable steps. This amount

must not be included in your award of damages. The considerations for the affirmative

defense of failure to mitigate are described in Instruction 51.

ANSWER: $__________

PLEASE SIGN AND DATE THE VERDICT FORM ON THE NEXT PAGE

IT IS THEREFORE

ORDERED that judgment is hereby entered in favor of Defendant, the First

National Bank of Durango, a chartered National Bank, and against Plaintiffs, Reson Lee

Woods and Shaun K. Woods, on Plaintiffs’ claims of Deceptive Trade Practices,

Tortious Interference with Prospective Business Relations, Tortious Interference with

Contractual Relations, the Equal Credit Opportunity Act (E.C.O.A.), Fraud, Negligent

Misrepresentation, Breach of Contract, and Promissory Estoppel. It is further

ORDERED that plaintiff’s complaint and action are dismissed with prejudice. It is

further

ORDERED that Defendant shall have its costs by the filing of a Bill of Costs with the

Clerk of this Court within fourteen (14) days of entry of judgment, and pursuant to the

procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

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DATED at Denver, Colorado this 13th day of August, 2015.

FOR THE COURT:

JEFFREY P. COLWELL, CLERK

/s/ Robert R. Keech 

Robert R. Keech,

Deputy Clerk

APPROVED AS TO FORM:

/s/ Wiley Y. Daniel 

WILEY Y. DANIEL,

SENIOR UNITED STATES DISTRICT JUDGE

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