F.B.N. Shipping Solutions, Inc. v. PNC Financial Services Group, Inc., et al
Filing
14
MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 6/16/2011:Mailed notice(srn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
F.B.N. SHIPPING SOLUTIONS, INC.,)
)
Plaintiff,
)
)
v.
)
)
PNC FINANCIAL SERVICES GROUP,
)
INC., et al.,
)
)
Defendants.
)
No.
11 C 2932
MEMORANDUM ORDER
PNC Financial Services Group, Inc. (“Financial Services”)
and PNC Bank, NA (“Bank”) have filed responsive pleadings to the
Complaint brought against them by F.B.N. Shipping Solutions, Inc.
(“FBN”)--on Financial Services’ part a Fed. R. Civ. P. (“Rule”)
12(b)(6) motion to dismiss, and on Bank’s part an Answer and
Affirmative Defenses to the Complaint’s first two counts, coupled
with a Rule 12(b)(6) motion to dismiss Counts III and IV.
This
memorandum order is issued sua sponte in anticipation of the
June 23 presentment date set for the Rule 12(b)(6) motions (that
date had been set earlier by this Court for a status hearing in
the case).
As for Financial Services, its invocation of Rule 12(b)(6)
is puzzling because it says it is based on FBN’s having
erroneously named Financial Services as a defendant (an assertion
inconsistent with the requirement that FBN’s allegations must be
accepted as true for Rule 12(b)(6) purposes).
This Court is not
of course in a position to make a judgment on that score, but it
would seem eminently sensible for counsel for the parties to
confer in the interim period before the presentment date to see
whether they can arrive at common ground on that factual issue.
As for Bank, its Rule 12(b)(6) motion appears to present a
straightforward legal question.
This Court will await the
presentment date to determine whether any dispute exists on the
subject and, if need be, will then set a schedule for the
completion of briefing.
________________________________________
Milton I. Shadur
Senior United States District Judge
Date:
June 16, 2011
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