Fodge et al v. Trustmark National Bank et al

Filing 144

MEMORANDUM RULING re 140 MOTION for Judgment on the Pleadings filed by Trustmark National Bank. Signed by Chief Judge S Maurice Hicks, Jr on 4/4/2019. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
STEVEN D. FODGE, ET AL.

CIVIL ACTION NO. 18-0386

VERSUS

JUDGE S. MAURICE HICKS, JR.

TRUSTMARK NATIONAL BANK,
ET AL.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM RULING
Before the Court is Defendant Trustmark National Bank’s (“Trustmark”) Motion for
Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). See
Record Document 140. Plaintiffs Steven D. Fodge (“Fodge”), Joseph E. Carey, Jon A.
Tokay, Pamela R. Jeffcoat, Andrew J. Kaltenmark, Lance K. Inovejas and Deborah A.
Inovejas (collectively “Plaintiffs”) have filed a response. See Record Document 143.
On March 18, 2019, this Court issued an order granting several motions to dismiss
filed by the other defendants in this matter and dismissed all of Plaintiffs’ claims, except
for Fodge’s claims against Trustmark, which was the only defendant that did not file a
motion to dismiss. See Record Document 138 at 1 n.1. Subsequently, Trustmark filed the
instant Motion for Judgment on the Pleadings requesting that Fodge’s claims against it
also be dismissed since they are nearly identical to the previously dismissed claims
against the other defendants, which Plaintiffs do not dispute. See Record Document 141
at 3; Record Document 143 at 1. Additionally, while Plaintiffs note their opposition to the
merits of Fodge’s motion, as well as the Court’s previous ruling referenced above, see
Record Document 143 at 2, they “suggest that expeditious granting of [Trustmark’s]
motion . . . would place the case in the correct procedural posture for an appeal.” Id.

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Therefore, based on the foregoing reasons, Trustmark’s Motion for Judgment on
the Pleadings (Record Document 140) is GRANTED and all of Fodge’s claims are hereby
DISMISSED WITH PREJUDICE.
A judgment consistent with the terms of the instant Memorandum Ruling shall
issue herewith.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 4th day of April, 2019.

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