Harry Persaud v. Bank of New York Mellon, and/or its successors, individually,...
Harry Persaud v. Bank of New York Mellon, and/or its successors, individually,...
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION HARRY PERSAUD, Plaintiff, v. Case No.: 6:25-cv-00244-AGM-DCI BANK OF NEW YORK MELLON, AND/OR ITS SUCCESSORS, INDIVIDUALLY, AND IN THEIR OFFICIAL CAPACITY, AN ENS LEGIS BEING USED TO CONCEAL FRAUD; Defendant, ORDER Defendant moves to dismiss (doc. # 23) Plaintiff’s Amended Complaint (doc. # 19) on all counts with prejudice. The Magistrate Judge recommended dismissal of Count III of the Amended Complaint with prejudice and dismissal of the remainder of the Amended Complaint without leave to amend. (Doc. # 30). The deadline for objections has passed. No party objected to the Magistrate Judge’s recommendations. Still, this Court reviews the Magistrate Judge’s legal conclusions de novo. See Cooper-Houston v. S. Ry. Co.,
37 F.3d 603, 604(11th Cir. 1994). Upon de novo review, Count III of the Amended Complaint is due to be dismissed with prejudice and the remainder of the Amended Complaint is due to be dismissed without leave to amend, for the reasons the Magistrate Judge stated.
Accordingly, it is now ORDERED and ADJUDGED that: 1. The Report and Recommendation (doc. # 30) is ADOPTED and made part of this Order; 2. Defendant’s Motion to Dismiss (doc. # 23) is GRANTED in part; 3. Count II of PlaintifPs Amended Complaint (doc. # 19) is DISMISSED WITH PREJUDICE; 4, The remainder of PlaintifPs Amended Complaint (doc. # 19) is DISMISSED WITHOUT LEAVE TO AMEND; and 5. The Clerk is directed to terminate any pending motions and CLOSE this case. DONE and ORDERED in Chambers in Orlando, Florida, on December 10, 2025. oi GAYLORD MOE UNITED STATES DISTRICT JUDGE
Reference
- Full Case Name
- Harry Persaud v. Bank of New York Mellon, and/or its successors, individually, and in their official capacity, an ens legis being used to conceal fraud
- Status
- Unknown