Branch Banking and Trust Company v. Angino Law Firm, P.C. et al

Filing 49

ORDER dismissing defts' motion for jdgmt on partial findings 43 as premiature w/out prejudice to defts' right to reassert same after close of pltf's case in chief. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/15/18. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRANCH BANKING AND TRUST COMPANY, Plaintiff v. ANGINO LAW FIRM, P.C., et al., Defendants BRANCH BANKING AND TRUST COMPANY, Plaintiff v. ANGINO LAW FIRM, P.C., et al., Defendants : : : : : : : : : : CIVIL ACTION NO. 1:16-CV-712 : : : : : : : : : : CIVIL ACTION NO. 1:16-CV-713 (Chief Judge Conner) (Chief Judge Conner) ORDER AND NOW, this 15th day of June, 2018, upon consideration of the motion (Doc. 43)1 for judgment on partial findings filed by defendants in the abovecaptioned actions pursuant to Federal Rule of Civil Procedure 52(c), wherein defendants request that the court enter judgment against plaintiff on its claims for attorneys’ fees, appraisal charges, late fees, and other costs, and the court observing that Rule 52(c) permits the court to enter a judgment on partial findings in a bench 1 Defendants filed an identical motion in each of the above-captioned matters. For ease of reference, the court cites only to docket entries in the first-filed action, Branch Banking and Trust Company v. Angino Law Firm, P.C., et al., No. 1:16-CV712. trial if “a party has been fully heard on an issue . . . and the court finds against the party on that issue,” FED. R. CIV. P. 52(c), and the court further observing that a bench trial is scheduled for Tuesday, June 19, 2018 in the above-captioned actions, it is hereby ORDERED that defendants’ motion (Doc. 43) is DISMISSED as premature without prejudice to defendants’ right to reassert same after the close of plaintiff’s case in chief. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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