Buridi v. Branch Banking and Trust Company

Filing 21

ORDER signed by Senior Judge Charles R. Simpson, III on 3/22/13 GRANTING in part and DENYING in part 6 Motion to Dismiss for Failure to State a Claim. BB&T's motion to dismiss is GRANTED with regard to the Pltf's claims fraud by affirma tive representation; fraud by omission; negligent representation; and the tort cause of action for breach of the implied covenant of good faith and fair dealing. BB&T's motion to dismiss the Pltf's contractual cause of action for breach of the implied covenant of good faith and fair dealing is DENIED. cc:counsel (SJS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

ABDUL G. BURIDI

PLAINTIFF

v.

NO. 3:12-CV-00486-S

BRANCH BANKING AND TRUST
COMPANY

DEFENDANT

ORDER
For the reasons set forth in the Memorandum Opinion entered this date and the court
being otherwise sufficiently advised, IT IS HEREBY ORDERED AND ADJUDGED that the
motion of the Defendant, Branch Banking and Trust Co. (“BB&T”), to dismiss the Plaintiff’s
claims under Fed. R. Civ. P. 12(b)(6) (DN 6) is GRANTED IN PART AND DENIED IN
PART.
(1)

BB&T’s motion to dismiss is GRANTED with regard to the Plaintiff’s claims for
fraud by affirmative representation; fraud by omission; negligent representation;
and the tort cause of action for breach of the implied covenant of good faith and
fair dealing.

(2)

BB&T’s motion to dismiss the Plaintiff’s contractual cause of action for breach of
the implied covenant of good faith and fair dealing is DENIED.

IT IS SO ORDERED.

March 22, 2013

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