John Calon v. Bank of America Corporation, 915 F.3d 528

John Calon obtained a $20,001 home equity loan from Countrywide in 2000; Bank of America acquired Countrywide in early 2008.
Calon filed a pro se complaint in 2014 and an amended complaint in 2015 asserting twenty causes of action; five were dismissed earlier and discovery closed in October 2016.
Bank of America moved for summary judgment on the remaining fifteen claims; Calon failed to timely respond and the district court deemed Bank of America’s facts admitted and granted summary judgment.
Eleven claims challenged Bank of America’s practice of imposing lender‑placed insurance (LPI); Bank of America showed Calon was a member of a prior class settlement that released those claims.
Two claims about alleged failure to honor early‑payoff rights were dismissed and affirmed on appeal.
Three claims remained based on an alleged “eEasy Rate Reduction Plan” (a three‑page Countrywide document) that Calon said vested a contractual right to reduce his rate; the district court held the plan failed the Statute of Frauds, but the Eighth Circuit reversed that portion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether LPI‑related claims are barred by the prior Hall class settlement	Calon contends his LPI claims are individual and not covered by the Hall settlement	Bank of America shows Calon received notice and did not opt out of the Hall class settlement that released LPI claims	Held: Claims barred by res judicata; dismissal affirmed
Whether the eEasy Rate Reduction Plan is barred by the Statute of Frauds	Calon alleges the Plan was an integral part of his loan agreement and created enforceable rights	Bank of America argues the three‑page Plan is unsigned and thus unenforceable under the Statute of Frauds	Held: Reversed—material dispute whether the Plan is connected to signed loan documents; Summary judgment improper on these claims
Whether claims about early payoff rights are viable	Calon alleges Bank of America refused to honor early‑payoff rights	Bank of America argues no contractual or factual basis for these claims	Held: Dismissal affirmed for the reasons given by the district court
Whether Calon’s procedural failures preclude consideration of many factual assertions	Calon advanced numerous factual assertions in appeal and filings	Bank of America relied on district court to deem its facts admitted after Calon failed to respond	Held: Many unsupported factual assertions are waived; the court did not consider unverified allegations

Interstate Power Co. v. Kansas City Power & Light Co., 992 F.2d 804 (8th Cir.) (summary‑judgment standard when motion is unopposed)
Cooper v. Fed. Reserve Bank of Richmond, 467 U.S. 867 (U.S.) (class‑action judgment binds class members in subsequent litigation)
In re Gen. Am. Life Ins. Sales Prac. Lit., 357 F.3d 800 (8th Cir.) (class settlement with adequate notice bars later individual claims released by the settlement)
Vess Beverages, Inc. v. Paddington Corp., 941 F.2d 651 (8th Cir.) (signature on one document may satisfy Statute of Frauds when documents refer to or clearly relate to each other)
Mayer v. King Cola Mid‑Am., Inc., 660 S.W.2d 746 (Mo. Ct. App.) (separate documents relied on to establish an agreement must be connected by express reference or clear implication)
Menz v. Procter & Gamble Health Care Plan, 520 F.3d 865 (8th Cir.) (issues not pleaded or supported in the record are waived)