Filed: Apr. 20, 2012
Latest Update: Apr. 20, 2012
Summary: ORDER KEVIN H. SHARP, District Judge. In accordance with the discussions at the hearing on April 20, 2012, the Court hereby enters the following rulings in the above-captioned cases: A. Case No. 3:11-00069 (1) The Motions to Dismiss Pursuant to Fed R. Civ. P. 12(b)(6) (Docket Nos. 106 & 112) for failure to state a claim are hereby DENIED; (2) The Motions to Sever Pursuant to Fed. R. Civ. P. 21 (Docket Nos. 108 & 168) are hereby DENIED WITHOUT PREJUDICE. Defendants may re-file motion(s)
Summary: ORDER KEVIN H. SHARP, District Judge. In accordance with the discussions at the hearing on April 20, 2012, the Court hereby enters the following rulings in the above-captioned cases: A. Case No. 3:11-00069 (1) The Motions to Dismiss Pursuant to Fed R. Civ. P. 12(b)(6) (Docket Nos. 106 & 112) for failure to state a claim are hereby DENIED; (2) The Motions to Sever Pursuant to Fed. R. Civ. P. 21 (Docket Nos. 108 & 168) are hereby DENIED WITHOUT PREJUDICE. Defendants may re-file motion(s) ..
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ORDER
KEVIN H. SHARP, District Judge.
In accordance with the discussions at the hearing on April 20, 2012, the Court hereby enters the following rulings in the above-captioned cases:
A. Case No. 3:11-00069
(1) The Motions to Dismiss Pursuant to Fed R. Civ. P. 12(b)(6) (Docket Nos. 106 & 112) for failure to state a claim are hereby DENIED;
(2) The Motions to Sever Pursuant to Fed. R. Civ. P. 21 (Docket Nos. 108 & 168) are hereby DENIED WITHOUT PREJUDICE. Defendants may re-file motion(s) to sever after this Court has issued its claim construction ruling, if the circumstances at that time so warrant;
(3) The Motion to Transfer Venue (Docket No. 110) is hereby DENIED WITHOUT PREJUDICE;
(4) The Motion for Attorney's Fees (Docket No. 138) is hereby DENIED; and
(5) With these rulings, the Motions to Stay Pending Resolution of the Pre-Answers Motions (Docket Nos. 163 & 166) are hereby DENIED AS MOOT.
B. Case No. 3:11-00852
(1) The Motions to Dismiss for Lack of Jurisdiction (Docket Nos. 63 & 70) are hereby GRANTED; PROVIDED, HOWEVER, that said grants are without prejudice to Plaintiff amending the Complaint to add Fifth Third Bancorp, BB&T Corporation, and/or Comerica Incorporated as Defendants should discovery show that this Court has personal jurisdiction over one or more of those entities. Any of these three entities added as a Defendant may file another Motion to Dismiss for Lack of Jurisdiction, if the same can be done in good faith;
(2) The Motions to Dismiss Pursuant to Fed R. Civ. P. 12(b)(6) (Docket Nos. 99 & 102) for failure to state a claim are hereby DENIED; and
(3) The Motion to Sever Pursuant to Fed. R. Civ. P. 21 (Docket No. 116) is hereby DENIED WITHOUT PREJUDICE. Defendants may re-file motion(s) to sever after this Court has issued its claim construction ruling, if the circumstances at that time so warrant.
It is SO ORDERED.
