DAVIS v. US BANK NATIONAL ASSOCIATION et al

Filing 26

ORDER GRANTING 18 Motion to Withdraw Exhibit 1 and GRANTING 19 Agreed Relief Motion to Add Exhibit 1 to 1 Notice of Removal; GRANTING 21 Motion to Withdraw 10 MOTION FOR PARTIAL DISMISSAL filed by TRANS UNION LLC. Signed by MAGISTRATE JUDGE GARY R JONES on 12/9/2011. (jws)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
KEVIN E. DAVIS, SR.,
Plaintiff,
v.

Case No. 1:11-cv-254-MP-GRJ

US BANK NATIONAL ASSOCIATION,
et al.,
Defendants.
__________________________________/
ORDER
Pending before the Court are: (1) Agreed Motion To Withdraw Exhibit 1 of
Docket 1 (Doc. 18); (2) Agreed Relief Motion To Add Exhibit 1 to Docket 1 (Doc. 19);
and Defendant Trans Union’s Unopposed Motion To Withdraw Its Motion For Partial
Dismissal. (Doc. 21.)
The state court record filed as Exhibit 1 to Defendant Trans Union LLC’s Notice
of Removal (Doc. 1) contained information which should have been redacted as
required by Rule 5.2 of the Federal Rules of Civil Procedure. Consequently, Trans
Union requests permission to withdraw exhibit 1 and permission to file in its place a
replacement exhibit. The parties have agreed to this request and, accordingly, the
motion to withdraw (Doc. 18) and the motion to add (Doc. 19) are due to be granted.
On November 30, 2011 Trans Union filed a Motion For Partial Dismissal (Doc.
10) requesting the Court to dismiss Plaintiff’s request for declaratory or injunctive relief
under the Fair Credit Reporting Act. Defendant Tans Union has now filed an
Unopposed Motion To Withdraw Its Motion For Partial Dismissal. (Doc. 21.) The
request is due to be granted.
Accordingly, upon due consideration, it is ORDERED as follows:

1. The Agreed Motion To Withdraw Exhibit 1 of Docket 1 (Doc. 18) and the
Agreed Relief Motion To Add Exhibit 1 to Docket 1 (Doc. 19) are GRANTED. The Clerk
is directed to remove from the docket the documents filed as Exhibit 1 to doc.1, the
Notice of Removal. Defendant Trans Union LLC shall file as a separate docket entry the
replacement exhibit 1.
2. Defendant Trans Union’s Unopposed Motion To Withdraw Its Motion For
Partial Dismissal (Doc. 21) is GRANTED. The clerk is directed to terminate Defendant
Trans Union LLC’s Motion For Partial Dismissal (Doc. 10) as a pending motion and to
note on the docket that the motion has been withdrawn.
DONE AND ORDERED this 9th day of December, 2011.

s/ Gary R. Jones s/GaryR.Jone
GARY R. JONES
United States Magistrate Judge

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