U.S. Bank Natrional Association v. Lenor et al

Filing 23

Order. Plaintiff is ORDERED, by February 12, 2008, to file a copy of the executed Assignment demonstrating Plaintiff was the holder and owner of the note as of the date the Complaint was filed, or the Court will dismiss the Complaint, re 22 Amended Motion to reopen case filed by U.S. Bank National Association. Signed by Judge Christopher A. Boyko on 02/06/08. (M,M)

U.S. Bank Natrional Association v. Lenor et al

Doc. 23

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

U.S. BANK NATIONAL ASSOC., as TRUSTEE OF CITIGROUP, etc., Plaintiff, vs. KIMBERLY LENOR, et al., Defendant. CHRISTOPHER A. BOYKO, J.:

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CASE NO. 1:07CV2635 JUDGE CHRISTOPHER A. BOYKO ORDER

This matter comes before the Court upon Plaintiff's Amended Motion (ECF DKT #22) to Reinstate Case to Court's Active Docket. Plaintiff has submitted a copy of the Bankruptcy Court's Order, dated January 30, 2008, amending its prior entry to reflect the name of Plaintiff as the proper party obtaining relief from stay and abandonment. Therefore, Plaintiff's Motion is granted, and the captioned foreclosure case is reinstated to this Court's active docket. Further, since the Plaintiff bears the burden of establishing federal diversity jurisdiction as well as standing to bring an action, Plaintiff is ORDERED, by February 12,

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2008, to file a copy of the executed Assignment demonstrating Plaintiff was the holder and owner of the Note and Mortgage as of the date the Complaint was filed, or the Court will dismiss the Complaint. IT IS SO ORDERED. DATE: February 6, 2008 S/Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge