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MAX MAY, et al., Plaintiffs, v. NATIONAL BANK OF COMMERCE, a banking corporation organized under the laws of the United States of America, in its corporate capacity and as Trustee of the Memphis Equipment Company Employee Stock Ownership Plan, and LAWRENCE SCOTT, an indi

ORDER DENYING DEFENDANT LAWRENCE SCOTT'S COMBINED MOTION AND MEMORANDUM FOR LEAVE TO FILE MOTIONS AS MOOT

JON McCALLA, District Judge

Before the Court is Defendant Lawrence Scott's Combined Motion and Memorandum for Leave to File Motions, filed October 28, 2004. In particular, Defendant moves the Court for: (1) leave to file a motion to amend his answer to add the defenses of ratification and election of remedies in relation to Plaintiff's claims to void the sale transaction; and (2) leave to file a motion for summary judgment relating to Plaintiffs' claims to void the sale transaction. On November 1, 2004, however, the Court issued an Order Rescinding Transaction Ab Initio. Accordingly, the Court DENIES the motion as moot.

SO ORDERED.

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MAY v. NATIONAL BANK OF COMMERCE
(Jul 14, 2005)