-WC Spenard v. Barton et al, No. 2:2010cv01080 - Document 37 (M.D. Ala. 2011)

Court Description: JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The 8 Motion for Partial Summary Judgment filed by defendants Donald Barton and Andalusia Bonding Company, LLC, is granted. (2) Plaintiff Robin Spenards claim, based on th e Truth in Lending Act, 15 U.S.C. § 1601 et seq., is dismissed without prejudice because the court lacks jurisdiction, but with leave to reinstate this case should the evidence show that defendant Barton ordefendant Andalusia Bonding Co., LLC en gaged in an additional mortgage that would satisfy jurisdiction. (3) Plaintiff Spenards remaining state claims aredismissed without prejudice, with leave to renew in state court. It is further ORDERED that all other pending motions are denied as moot . It is further ORDERED that the parties are to bear their own costs. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuantto Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 5/26/2011. Copies furnished to HC, AG. (Attachments: # 1 Civil Appeals Checklist) (Deadlines terminated: Final Pretrial Conference set for 11/3/2011 and Jury Trial set for 12/5/2011.) (dmn)
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-WC Spenard v. Barton et al Doc. 37 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ROBIN SPENARD, Plaintiff, v. DONALD BARTON, an individual, and ANDALUSIA BONDING COMPANY, LLC, a limited liability corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:10cv1080-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The motion for partial summary judgment (Doc. No. 8), filed by defendants Donald Barton and Andalusia Bonding Company, LLC, is granted. (2) Plaintiff Robin Spenard’s claim, based on the Truth in Lending Act, 15 U.S.C. § 1601 et seq., is Dockets.Justia.com dismissed without jurisdiction, should the defendant but prejudice with evidence Andalusia because leave show Bonding to that Co., the court lacks reinstate this defendant Barton LLC engaged case in or an additional mortgage that would satisfy jurisdiction. (3) Plaintiff Spenard’s remaining state claims are dismissed without prejudice, with leave to renew in state court. It is further ORDERED that all other pending motions are denied as moot. It is further ORDERED that the parties are to bear their own costs. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 26th day of May, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE