Lemond et al v. Capital One Bank (USA), N.A.
||George F. Lemond, Jr. and Matthew C. Klase
||Capital One Bank (USA), N.A.
||June 12, 2009
||US District Court for the Northern District of Georgia
|Nature of Suit:
|Cause of Action:
||28:1441 Petition for Removal- Breach of Contract
|Jury Demanded By:
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|March 2, 2010
OPINION and ORDER denying as moot 11 Motion for Judgment on the Pleadings; granting 13 Motion to Dismiss without prejudice and denying 16 Motion to File a Surreply. The 13 motion to dismiss is granted on the condition that plaintiff pays the costs, including reasonable attorneys' fees, that defendant has occurred in defending this case. Defendant shall file a motion for attorney's fees and costs within 20 days of this Order. The court shall retain jurisdiction over this cause and a final order on Plaintiffs' motion and judgment shall not be entered until the attorneys' fees and costs issue is resolved. Signed by Judge J. Owen Forrester on 3/2/10. (bse)
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