Every Penny Counts, Inc. v. Bank of America Corp. ( 2010 )

NOTE: ThiS order is nonprecedential United States Court of AppeaIs for the FederaI Circuit EVERY PENNY COUNTS, INC., Plaintiff-Appellant, v. _ BANK OF AMERICA CORPORATION AND BANK OF AMERICA, N.A., Defendants-Appellees. 2009-1442 * Appea1 from the United States District Court for the Middle District of Florida in case no. 07-CV-0U042, Judge Jon E. Stee1e. ON MOTION Before SCHALL, Circu,it Judge. 0 R D E R Every Penny Counts, Inc. moves to remand this case to the district c0urt. Bank of America Corp0ration and Bank of America, N.A. oppose. Every Penny Counts, Inc. replies EVERY PENNY COUNTs v. BANK 0F AMER 2 Upon consideration thereof lT IS ORDERED THAT: (1) Every Penny Counts, Inc.’s motion to remand is denied. (2) The stay of the briefing schedule is lifted The appellants opening brief is due within 45 days of the date of filing of this order. FoR THE CoURT 0CT 2 8 mm /s/ Jan H0rbaly Date J an Horbaly Clerk cc: Harvey S. Kauget, Esq. Steven C. Cherny, Esq. -_'. -1 F"_Eo us count 0F APPsALs ma 320 11-lessor-:RAL.c\Rcun 0CT 28 2010 .|AN HORBALY CLERK