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BARCLAYS BANK PLC v. POYNTER

No. 11-2289.

710 F.3d 16 (2013)

BARCLAYS BANK PLC, Plaintiff, Appellee, v. Thomas A. POYNTER, individually and as Trustee of the Leningrad Cowboys Trust, Defendant, Appellant, Simply Interactive, Inc.; The Transitions Group, Inc.; Transitions Capital, Inc.; Transitions International, Inc.; Transitions Capital Investors, LLC; Transitions Capital Management LLC; Wainwright Bank and Trust Company; Bank of America, N.A.; Fidelity Brokerage Services, LLC; Citibank, NA; Boston Private Bank and Trust Company, Defendants.

United States Court of Appeals, First Circuit.

March 13, 2013.

Attorney(s) appearing for the Case

Edmund Polubinski, Jr. , with whom Lyne, Woodworth & Evarts LLP was on brief, for appellant.

Michael D. Vhay , with whom Lauren Ann H. Pond and DLA Piper LLP were on brief, for appellee.

Before BOUDIN, HAWKINS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

With the help of a loan from Barclays Bank, PLC ("Barclays"), Dr. Thomas Poynter bought a custom-made yacht. When he stopped making payments on the loan, Barclays repossessed the yacht and sold it. Barclays got less than what Poynter owed and so it sued him for the deficiency. Poynter moved for summary judgment arguing that Barclays was not entitled to collect because it had not provided him with proper notice of the sale. The district court...

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