Regions Bank v. Kearney et al

Filing 131

ORDER ATTACHED denying 120 Motion to Take Judicial Notice of Bank Document Filed in Plaintiff's Original Action. Signed by Judge Richard A. Lazzara on 2/11/2015.(CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
REGIONS BANK, an Alabama state chartered
bank, as successor in interest to AmSouth Bank,
Plaintiff,
v.

CASE NO: 8:13-cv-2627-T-26TBM

BING CHARLES W. KEARNEY, JR., and
TONYA NUHFER KEARNEY,
Defendants.
/
ORDER
UPON DUE CONSIDERATION of Defendants’ Motion for Court to Take Judicial
Notice of Bank Document Filed in Plaintiff’s Original Action (Dkt. 120), and Regions Bank’s
Response in Opposition (Dkt. 126), the Court concludes that the Motion should be denied.
Taking judicial notice of a document filed or admitted into evidence in another lawsuit simply
establishes the act of its filing, not the truth of the matters asserted in the document. See United
States v. Jones, 29 F.3d 1549 (11th Cir. 1994). Defendants may not seek to contest the value of
the aircraft at issue in another case that has been concluded. It is therefore ORDERED AND
ADJUDGED that Defendants’ Motion for Court to Take Judicial Notice of Bank Document
Filed in Plaintiff’s Original Action (Dkt. 120) is DENIED.
DONE AND ORDERED at Tampa, Florida, on February 11, 2015.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record