Opinion
No. 3:11-00069 No. 3:11-00852
04-20-2012
TUITIONFUND, LLC, Plaintiff, v. SUNTRUST BANKS, INC. et al., Defendants. TUITIONFUND, LLC, Plaintiff, v. FIRST HORIZON NATIONAL CORPORATION, et al., Defendants.
Judge Sharp
Judge Sharp
ORDER
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.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE