Perlman v. PNC Bank, N.A., No. 0:2019cv61390 - Document 63 (S.D. Fla. 2020)
Court Description: ORDER Denying 29 Motion to Dismiss for Lack of Subject Matter Jurisdiction. Signed by Judge Rodney Smith on 3/4/2020. See attached document for full details. (ar2)
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Perlman v. PNC Bank, N.A. Doc. 63 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 19-61390-CIV-SMITH JONATHAN E. PERLMAN, Esq., as court appointed Receiver, Plaintiff, vs. PNC BANK, N.A., Defendant. ________________./ ORDER DENYING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION This matter is before the Court on PNC Bank, N.A.'s Rule 12(b)(l) Motion to Dismiss [DE 29], Plaintiffs Response [DE 42], and Defendant's Reply [DE 47]. Additionally, with leave of Court, the Federal Trade Commission (FTC) filed an amicus curiae brief [DE 41] to which Defendant filed a response [DE 48]. Defendant maintain that this Court lacks subject matter jurisdiction over this action because§ 13(b) of the FTC Act does not provide for monetary relief or appointment of a receiver and § 5 of the FTC Act bars Plaintiffs claims. If the Court denies Defendant's Motion to Dismiss, Defendant seeks a certification permitting it to file an immediate, interlocutory appeal. Contrary to Defendant's arguments, this Court has subject matter jurisdiction and declines to certify this matter for an .immediate appeal. Dockets.Justia.com
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