Bank of New York Mellon Trust Company, N.A. et al v. Wagner World, LLC et al
| HSBC Bank USA, N.A., Business Loan Center, L.L.C., Ciena Capital Funding LLC, Bank of New York Mellon Trust Company, N.A., Ciena Capital, LLC and Ares Capital Corporation |
| Thuy Nguyen Tran, Scott G Wolfe, Sr., Wagner World, LLC, Wolfman, Inc., Aberta Inc, Broadview, LLC, Hop Q Tran, Jane L Wolfe and SMU, LLC |
| 2:2012cv02827 |
| November 26, 2012 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Out of State |
| Alma L. Chasez |
| Jay C. Zainey |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| None |
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Filing
61
ORDER and REASONS Presently before the Court are three motions to dismiss. (Rec. Docs. 19, 23, and 42). Having carefully considered the parties' written submissions, including the unnecessarily lengthy and convoluted memoranda2 submitted by De fendant, Aberta, Inc., IT IS ORDERED that Aberta's "Motion to Dismiss Under FRCP 12(b)(6)" is DENIED. Although Aberta is correct that Plaintiffs do not seek a monetary judgment against it, Plaintiffs do seek declaratory judgment agains t Aberta and others regarding mortgages allegedly encumbering the immovable property to which Aberta claims ownership. Accordingly, on the present showing made, the Court does not find dismissal of Aberta warranted. IT IS FURTHER ORDERED that the mo tions to dismiss and to abstain and/or stay proceedings filed by Defendant Broadview, L.L.C. 23 and Defendants Hop Q. Tran and Thuy Nguyen Tran 42 are GRANTED IN PART and DENIED IN PART, as stated within document. Signed by Judge Kurt D. Engelhardt on 9/25/2013. (cbs)
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