Nelson v. Wachovia Mortgage Corporation

Filing 40

ORDER granting 32 Motion for Summary Judgment (Written Opinion). Signed by Judge Patrick J. Schiltz on March 11, 2013. (clg)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA NANCY A. NELSON, Case No. 11-CV-3403 (PJS/TNL) Plaintiff, v. ORDER WELLS FARGO BANK, N.A., as successor in interest to Wachovia Mortgage Corporation, Defendant. Patrick D. Boyle, LAW OFFICE OF PATRICK D. BOYLE, for plaintiff. Ellen B. Silverman, HINSHAW & CULBERTSON LLP, for defendant. This matter is before the Court on the motion of defendant Wells Fargo Bank, N.A. (“Wells Fargo”) for summary judgment. For the reasons stated on the record at the March 11, 2013 hearing, the Court finds that, setting aside any other problems with Nelson’s misrepresentation claims, no reasonable jury could find that she justifiably relied to her detriment on Wells Fargo’s allegedly false statement. See Piekarski v. Home Owners Sav. Bank, F.S.B., 956 F.2d 1484, 1493 (8th Cir. 1992) (under Minnesota law, a plaintiff must show justifiable reliance and damages to recover on a fraud claim); Hardin Cnty. Sav. Bank v. Hous. & Redev. Auth., 821 N.W.2d 184, 192 (Minn. 2012) (under Minnesota law, a plaintiff must show justifiable reliance and damages to recover on a negligent-misrepresentation claim). Nelson’s misrepresentation claims therefore fail. Nelson admits that her claims for declaratory and injunctive relief depend on her other substantive claims, and she does not oppose Wells Fargo’s motion as to her claims for breach of contract and promissory estoppel. ECF No. 37 at 21-22. Wells Fargo’s motion for summary judgment is therefore granted. ORDER For the reasons stated on the record at the March 11, 2013 hearing, and based on all of the files, and records, and proceedings herein, IT IS HEREBY ORDERED THAT the motion of defendant Wells Fargo Bank, N.A. for summary judgment [ECF No. 32] is GRANTED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: March 11, 2013 s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?