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Monica v. MBNA America Bank, N.A.

Posted: Sat Jan 27, 2007 12:18 am
by David A. Szwak
Monica v. MBNA America Bank, N.A.
Slip Copy, 2006 WL 2040380
D.N.J.,2006.
July 20, 2006

OPINION


SHERIDAN, U.S.D.J.
*1 The above cases were consolidated by Order of the Hon. William Martini on March 9, 2006. Rather than answering in the federal suit, defendant MBNA moves to dismiss for lack of jurisdiction and for failure to state a claim (Fed.R.Civ.P. 12(b)(1) and (6)), and to remand the state suit back to the Superior Court of New Jersey. Meanwhile, plaintiff Monica crossmoves to vacate the arbitration award. Monica has also moved to extend her time to file an Answer and Counterclaim to the Complaint filed by MBNA in the Superior Court of New Jersey which was removed and consolidated herein.



Facts

The facts are relatively straightforward but for several procedural twists. In February 1998, Plaintiff Pro Se, Ann Christine Monica, Esq. (“Monicaâ€