BANK OF NEW YORK MELLON TRUST COMPANY NA v. JOHNSON et al
ORDER DENYING 30 MOTION for Leave to File Omitted Cases filed by FRANK C JOHNSON, JR, RUTH B JOHNSON. Signed by MAGISTRATE JUDGE GARY R JONES on 12/20/2010. (jws)
-GRJ BANK OF NEW YORK MELLON TRUST COMPANY NA v. JOHNSON et al
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., f/k/a THE BANK OF NEW YORK TRUST COMPANY, N.A., as SUCCESSOR TO JPMORGAN CHASE BANK, N.A. as TRUSTEE FOR RASC 2002KS4 Plaintiff, v. FRANK C. JOHNSON, JR., a/k/a FRANK JOHNSON, JR., and RUTH B. JOHNSON, Defendants. _____________________________/ CASE NO. 1:10-cv-00221-SPM -GRJ
ORDER Pending before the Court is a motion filed by Defendants entitled "Leave to Filed Omitted Cases Below For the Court to Take Judicial Notice Under Fla. Stat. 90.20190.207, In Support of Amended Complaint Filed 12/13/2010, Under Fla. R.Civ.P. 1.190, Fed.R.Civ.P. 12(A)(B). " (Doc. 30.) The Court construes the motion as a request to file supplemental authority in support of Defendants' Motion For Leave to Amend Complaint, filed on December 13, 2010. (Doc. 27.) The Court denied Defendant's Motion For Leave To Amend Complaint in the Court's Order, entered on December 15, 2010 (Doc. 29) based upon the fact that there is no pending complaint by Defendants to amend and this action is due to be remanded to state court. Consequently, there is no need for supplemental authority. Accordingly, Defendants motion entitled "Leave to Filed Omitted Cases Below
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For the Court to Take Judicial Notice Under Fla. Stat. 90.201-90.207, In Support of Amended Complaint Filed 12/13/2010, Under Fla. R.Civ.P. 1.190, Fed.R.Civ.P. 12(A)(B) " (Doc. 30) is DENIED DONE AND ORDERED this 20th day of December 2010.
s/Gary R. Jones
GARY R. JONES United States Magistrate Judge
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