Smith et al v. HSBC Bank USA, National Association et al

Filing 61

ORDER denying as moot 47 Motion to Remand; denying as moot 50 Motion to Stay. Signed by Judge Lisa G. Wood on 7/7/2017. (ca)

In

?l^nitetii ^totesi Btsstntt Court

tor tl^e ^ontl^em Btotrtct ot ^eorstn
PmnotDult IBiOtOton

MARVIN B. SMITH, III & SHARON
H. SMITH,

Plaintiffs,
No. 2:15-CV-70
V.

HSBC BANK USA, N.A.; WELLS
FARGO BANK, N.A.; S. ANDREW
SHUPING, JR.; SHUPING, MORSE &
ROSS LLP; RUBIN LUBLIN, LOG;
BRET CHANESS; and PETER
LUBLIN;
Defendants.

ORDER

On March 22, 2017, Plaintiffs moved the Court to remand
this case under the abstention doctrine set out in Younger v.
Harris, 401 U.S. 37 (1971).

based

on

the

fact

that

a

Dkt. No. 47.

state

proceeding

Their motion was

that

Plaintiffs

alleged to be parallel was pending before the Georgia Supreme
Court.

Id. at 7 (referencing case

Court denied

Plaintiffs' petition for

June 30, 2017.

Petitions,
2017-denied/

A0 72A

(Rev. 8/82)

number S17C1005).

That

writ of certiorari on

See Sup. Ct. of Ga., 2017 Denied Certiorari

http://www.gasupreme.us/granted-denied-petitions/
(last

accessed

July

6,

2017).

Therefore,

Plaintiffs'

Motion

to

Remand

under

the

Younger

Abstention

Doctrine, dkt. no. 47, is DENIED as moot.

On April 3, 2017, Plaintiffs moved the Court to stay its

ruling

on

resolved

Defendants'

their

Younger

motion
remand

to

dismiss

motion.

Dkt.

until
No.

after
50.

it
That

motion is likewise DENIED as moot.

At the

same time.

Plaintiffs

moved the

Court to

allow

them another opportunity to amend their complaint in the event
the Court would otherwise dismiss their case.

3-5.

Dkt. No. 51 at

The Court will take that request under consideration

when it decides the motions to dismiss.

The Clerk of Court is

therefore DIRECTED to terminate the motion.

SO ORDERED, this 7th day of July, 2017.

HONT LISA GODBE«Y WOOD, JUDGE
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA