Legal Opinion

Johnson v. Fifth Third Bank, Inc.

District Court, W.D. Kentucky

Decided May 25, 2012No. Civil Action No. 1:11-CV-00179-JHMPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., Chief Judge.

This matter is before the Court on Plaintiffs’ Motion to Remand [DN 8]. Fully briefed, this matter is ripe for decision. For the following reasons, the Court GRANTS the Plaintiffs’ motion to. remand.

I. BACKGROUND

In 2004, Eastern Livestock Co., LLC, a livestock brokerage company with branches in eleven states, refinanced the bulk of its indebtedness through Defendant Fifth Third Bank, Inc. A credit agreement and a security agreement were executed between Defendant and Eastern Livestock that granted Defendant a first lien on all…

2Cases cited25 opinions

Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
Carol L. Kirchner GAFFORD, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1993

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3Cited by2 opinions

PNC Bank, N.A. v. Rolsafe International, LLC (In re Rolsafe International, LLC)United States Bankruptcy Court, M.D. Florida · 2012
Stokes v. Faurecia Emissions Control Systems NA, LLCDistrict Court, W.D. Kentucky · 2022