D'ARGENZIO et al v. BANK OF AMERICA CORPORATION et al

Filing 99

ORDERED that Deft's motion for reconsideration is GRANTED. Deft's motion for summary judgment as to Pltf's NJ Consumer Fraud Act claim is GRANTED & this claim is DISMISSED. Summary judgment as to Pltf's Equal Credit Opportunity Act claim is DENIED. Signed by Chief Judge Jerome B. Simandle on 7/9/2012. (drw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

CARL D'ARGENZIO AND BARBARA
D'ARGENZIO,

HON. JEROME B. SIMANDLE
Civil No. 09-5604 (JBS/JS)

Plaintiffs,
v.

ORDER

BANK OF AMERICA CORPORATION
f/k/a COUNTRYWIDE BANK, FSB,
Defendant.

This matter having come before the Court upon on the motion
of Defendant Bank of America Corporation f/k/a Countrywide Bank,
FSB ("Defendant") for reconsideration of this court's order and
decision denying Defendant's motion for summary judgment [Docket
Item 59]; the Court having held oral argument and considered the
submissions of the parties; for the reasons explained in the
Opinion of today’s date; and for good cause shown;
IT IS this

9th

day of July, 2012 hereby

ORDERED that the Defendant's motion for reconsideration is
GRANTED; and it is
ORDERED that the court will grant Defendant's motion for
summary judgment as to the Plaintiffs' claim pursuant to the New
Jersey Consumer Fraud Act and this claim is hereby dismissed; and
it is further
ORDERED that summary judgment will be denied as to

Plaintiffs' Equal Credit Opportunity Act claim, which will
promptly be set for trial.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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