| 2012-04-24 |
24 |
0 |
|
MEMORANDUM OPINION re: 12 MOTION to Dismiss Plaintiffs' Complaint filed by JPMorgan Chase Bank, N.A. In the circumstances, Chase's motion is granted to the extent that partial summary judgment will enter on the first claim for reli ef declaring and adjudging that the Dowlands' note has become a bearer instrument, that Chase is a holder of that note, and that Chase as a holder is entitled to enforce the note in all respects. Insofar as Chase's motion might be construed as having been directed to the second and third claims for relief, it is denied without prejudice. While the Court has not disposed of the second and third claims for relief in order to permit the plaintiffs a full opportunity to be heard on their s ufficiency, both seem to depend upon the premise that Chase does not own the note, a proposition that no longer is viable. As it seems extremely likely that this entire litigation is nothing but an effort to delay collection of a concededly defaulted note, there is no reason why the determination on the first claim should not become final immediately. Accordingly, the Court expressly determines, pursuant to Fed. R. Civ. P. 54(b), that there is no just reason for delay and directs entry of final judgment declaring the rights of the parties as set forth above. Chase shall submit a proposed judgment no later than April 25, 2012. (Signed by Judge Lewis A. Kaplan on 4/23/2012) (lmb) |
2012-04-24 09:15:59 |
851ac463a88477b63e2d7ced71173933be5756db |