Legal Opinion
Lobianco v. Hayter
District Court, N.D. Florida
Decided May 14, 2013No. Case No. 1:13cv41-MW-GRJPublishedCited by 1 opinion
1Opinion of the Court
*1185 ORDER DENYING MOTION TO DISMISS
MARK E. WALKER, District Judge.
Pending before the court is Defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. ECF No. 9. At issue is whether Defendants’ offer of judgment for the full amount of Plaintiffs statutory-damages but which limits costs and attorney’s fees as of the date of the offer of judgment renders Plaintiffs claim moot thus divesting the court of subject matter jurisdiction.
The motion is based on facts beyond those alleged in the pleadings and therefore presents a factual…
2Cases cited10 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- Genesis HealthCare Corp. v. SymczykSupreme Court of the United States · 2013
- Chafin v. ChafinSupreme Court of the United States · 2013
- McElmurray v. CONSOLIDATED GOV'T, AUGUSTA-RICHMOND COUNTYCourt of Appeals for the Eleventh Circuit · 2007
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3Cited by1 opinion
- David Hooks v. Landmark Industries, Inc.Court of Appeals for the Fifth Circuit · 2015