Freeman et al v. U.S. Bank, N.A. et al

Filing 43

ORDER ATTACHED denying 31 the Barneys' Motion to Dismiss and Motion for Reconsideration, and denying 33 Alanson Brown's Motion to Dismiss. Answers and defenses due on or before 8/8/2013. Signed by Judge Richard A. Lazzara on 7/25/2013. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MARK A. FREEMAN, as Personal
Representative of the Estate of Charles F.
Freeman, Jr., and MARK A. FREEMAN,
Plaintiff,
v.

CASE NO: 8:13-cv-338-T-26MAP

U.S. BANK, N.A., as Trustee of the Margaret
Freeman Trust f/b/o Charles F. Freeman, Jr.,
LANCE BROWN, AUSTIN BARNEY, III, and
AMANDA BARNEY,
Defendants.
/

ORDER
Upon due and careful consideration of the procedural history of this case, together with
the parties’ recent submissions, it is ordered and adjudged that Defendants Austin Barney, III,
and Amanda Barney’s Motion to Dismiss or, in the Alternative, for Reconsideration of the
Court’s Order Dated May 16, 2013 (Dkt. 31), and Defendant Alanson Brown’s Motion to
Dismiss (Dkt. 33) are denied. As persuasively pointed out by Plaintiffs, this Court previously
considered and ultimately rejected the principal contentions in support of dismissal advanced by
these Defendants in the Court’s May 16th order filed at docket 17. As Plaintiffs further correctly
contend, Defendants have failed to demonstrate that the Court should reconsider these issues
anew based on an intervening change in the controlling law, the availability of new evidence, or

the need to correct clear error or prevent manifest injustice. See, e.g., Preston v. Public Storage,
Inc., 2013 WL 1315585, at *1 (M.D. Fla. 2013). Accordingly, because all three Defendants have
now been properly served with process, they shall file their answers and any defenses they may
have to Plaintiffs’ complaint on or before August 8, 2013.

DONE AND ORDERED at Tampa, Florida, on July 25, 2013.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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