Ofori et al v. JPMorgan Chase Bank, National Association

Filing 62

ORDER granting 45 Motion for Summary Judgment (Written Opinion). Signed by Senior Judge David S. Doty on 5/10/2012. (PJM) cc: Ralph Killing. Modified on 5/10/2012 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

WIL OFORI AND RALPH KILLING
AS TRUSTEE OF THE 6440 FOX
DRIVE TRUST,
Plaintiffs,

Court File No. 10-cv-1549 DSD/JSM

ORDER GRANTING DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT

v.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
Defendant.
This matter came before the undersigned judge of the United States District Court
for the District of Minnesota on May 10, 2012 at 9:30 a.m., pursuant to Defendant
JPMorgan Chase Bank, National Association’s (“Chase”) Motion for Summary
Judgment. Chase filed its Motion for Summary Judgment and supporting papers on
February 3, 2012, per the briefing schedule set forth in the Court’s September 19, 2011
Amended Scheduling Order. The hearing was originally set for May 10, 2012 before the
Honorable Susan R. Nelson, who referred the motion to Chief Magistrate Judge Arthur J.
Boylan. Thereafter, Judge Nelson and Chief Magistrate Judge Boylan recused. On March
28, Chase filed an amended Notice of Hearing resetting the hearing to May 10, 2012
before Judge Doty. This Notice of Hearing was served on Plaintiffs via U.S. Mail on
March 28, 2012.

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Plaintiffs did not file an opposition to Chase’s Motion and did not appear at the
hearing on May 10, 2012. Chase appeared at the hearing through its legal counsel,
Melanie A. Full.
After considering the files, records and proceedings herein, as well as the
arguments of counsel, the court determines that summary judgment is warranted.
Accordingly, IT IS HEREBY ORDERED that:
(1) Defendant Chase’s Motion for Summary Judgment [ECF No. 45] is granted;
(2) Plaintiffs’ Complaint is dismissed with prejudice in its entirety; and
(3) The Notice of Lis Pendens filed in conjunction with this matter to recover the
above property is discharged.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 10, 2012

s/David S. Doty
David S. Doty, Judge
United States District Court

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