Spenard v. Barton et al

Filing 36

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

ROBIN SPENARD,
Plaintiff,
v.
DONALD BARTON, an
individual, and ANDALUSIA
BONDING COMPANY, LLC, a
limited liability
corporation,
Defendants.

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CIVIL ACTION NO.
2:10cv1080-MHT
(WO)

OPINION
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
contract,

unjust

enrichment,

deed

reformation,

misrepresentation of material facts, suppression, and
deceit.

Jurisdiction over the federal claim is based on

28 U.S.C. § 1331 and over the state claims on 28 U.S.C.
§ 1367.
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