Spenard v. Barton et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 5/26/2011. (dmn)
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DONALD BARTON, an
individual, and ANDALUSIA
BONDING COMPANY, LLC, a
CIVIL ACTION NO.
In this lawsuit, plaintiff Robin Spenard asserts the
following claims against defendants Donald Barton and
Andalusia Bonding Company, LLC: a Truth in Lending Act
(TILA) (15 U.S.C. § 1601 et seq.) violation, breach of
misrepresentation of material facts, suppression, and
Jurisdiction over the federal claim is based on
28 U.S.C. § 1331 and over the state claims on 28 U.S.C.
During an on-the-record conference call on May 25,
2011, Spenard admitted that, on the current evidentiary
record, Barton and Andalusia Bonding are due partial
summary judgment because the court lacks jurisdiction
over the TILA claim, with the result that the TILA claim
should be dismissed without prejudice and the remaining
state claims should be dismissed without prejudice and
with leave to refile in state court, within 30 days,
pursuant to 28 U.S.C. § 1367(d).
The parties further
agreed that the case could be reinstated if Barton or
Andalusia Bonding engaged in an additional mortgage that
would satisfy jurisdiction under TILA.
An appropriate judgment will be entered.
DONE, this the 26th day of May, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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