Vinal v. Federal National Mortgage Association et al

Filing 31

ORDER DISMISSING AS MOOT 15 Motion to Dismiss for Failure to State a Claim; DISMISSING AS MOOT 17 Motion to Dismiss for Failure to State a Claim; and GRANTING 25 Plaintiff's Motion for Leave to File Amended Complaint. FNMA, Bagby, and Irving are dismissed as defendants. Signed by Chief Judge James C. Dever, III on 12/18/2013. Counsel is directed to read Order in its entirety for critical information. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:13-CV-159-D

PETERS. VINAL,
Plaintiff,

v.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, et al.,
Defendants.

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ORDER

On August 30, 2013, defendant Federal National Mortgage Association ("FNMA") filed a
motion to dismiss plaintiff PeterS. Vinal's ("Vinal") complaint. See [D.E. 17]; Fed. R. Civ. P.
12(b)(6). On August 30, 2013, defendants Kathy B. Bagby and Joseph C. Irving also filed a motion
to dismiss Vinal's complaint. See [D.E. 15]; Fed. R. Civ. P. 12(b)(6).
On September 23, 2013, Vinal notified FNMA, Bagby, and Irving that he stipulated to
dismissing them as defendants [D.E. 24]. On December 9, 2013, Vinal clarified the stipulation
[D.E. 30].
In light of the stipulation, the motions to dismiss [D.E. 15, 17] are DISMISSED as moot.
FNMA, Bagby, and Irving are DISMISSED as defendants. Moreover, in light of the stipulation
[D.E. 24] and the clarification of the stipulation [D.E. 30], the court DISMISSES count one (breach
of contract), count four (fraudulent inducement), count five (fraudulent misrepresentation), count
eight(NorthCarolinaRICO),countnine(civilconspiracy),andcountten(unjustenrichment)against
defendant SunTrust Mortgage, Inc. ("SunTrust") and defendant Safeguard Properties, LLC. The
court will address SunTrust's motion to dismiss counts two, three, six, and seven in due course.
Finally, Vinal's motion to amend the complaint [D.E. 25] is GRANTED, and paragraph 25 is
DEEMED amended effective today. See Fed. R. Civ. P. 15(a)(2).

SO ORDERED. This .J.i. day of December 2013.

Chief United States District Judge

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