Foxworth v. Trustmark National Bank

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before the court is the motion of the defendant for dismissal of plaintiffs’ complaint under Rule 12(b)(6), 1 Federal Rules of Civil Procedure, or for summary judgment pursuant to Rule 56(b), 2 Federal Rules of Civil Procedure. Aso before the court is plaintiffs’ motion ore tenus questioning this court’s jurisdiction under Rule 12(b)(1), 3 Federal Rules of Civil Procedure, to even hear this dispute which the court construes as a motion to remand. After plaintiffs raised their concern, the court directed the parties to brief the issue. Having…