Drayton v. Bank of New York Mellon Trust Company

Full title: DERRICK PHILLIP DRAYTON, Plaintiff, v. THE BANK OF NEW YORK MELLON TRUST…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Nov 16, 2010

Case Number: 10-11851 (E.D. Mich. Nov. 16, 2010)

Opinion

Case Number: 10-11851.

November 16, 2010

ORDER GRANTING TROTT TROTT, P.C.'S MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6) AS ITS FIRST RESPONSIVE PLEADING, GRANTING DEFENDANT BANK OF NEW YORK MELLON TRUST, N/A/'S MOTION FOR JUDGMENT ON THE PLEADINGS AND GRANTING IN PART WAYNE COUNTY'S MOTION TO DISMISS BASED ON FRCP 12(b)(6) FAILURE TO STATE A CLAIM MOTION FOR SUMMARY JUDGMENT UNDER FRCP 56(c)

MARIANNE BATTANI, District Judge

This matter is before the Court on Defendant Trott Trott, P.C.'s (Trott Trott) Motion to Dismiss Complaint (Doc. No. 12), Defendant Bank of New York Mellon Trust, N.A.'s (Bank of New York Mellon) Motion for Judgment on the Pleadings (Doc. No. 19), and Defendant Wayne County's Motion to Dismiss Based on FRCP 12(b)(6) Failure to State a Claim Motion for Summary Judgment Under FRCP 56(c) (Doc. No. 16). For the reasons stated on the record at a hearing held on November 3, 2010, the Court GRANTS Trott Trott's motion and Bank of New York Mellon's motion.

The Court GRANTS in part Wayne County Sheriff's Department's request for dismissal. Accordingly Counts II and Count III are dismissed. The Court takes the motion under advisement as to Count V.

Accordingly, Defendants Trott Trott and Bank of New York Mellon are DISMISSED.

IT IS SO ORDERED.

Dated: November 16, 2010