Lysack v. SunTrust Bank et al

Filing 22

ORDER granting in part and denying in part 7 Motion to Dismiss by SunTrust Bank. Signed by District Judge Martin Reidinger on 9/30/2013. (tmg)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-000204-MR

GLEN J. LYSACK,

)
)
Plaintiff,
)
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vs.
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)
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SUNTRUST BANK and APRIL
)
KISSELBURG DAVIS,
)
)
Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Motion to
Dismiss [Doc. 7].
The facts, legal issues, and causes of action asserted by the parties
in the present matter are substantially similar to those in the case of
Barnard, et al. v. SunTrust Bank, et al., No. 1:11-cv-00289-MR (W.D.N.C.),
and the same attorneys appear on behalf of the parties in each of these
actions. Even though these cases have not been consolidated, and were
in fact previously severed [see Civil Case No. 1:11-cv-00289-MR, Doc. 27],
the Order of this Court previously entered in Barnard addresses and
disposes of all of the issues raised by the motion currently before the Court

in this matter. The Order in Barnard, therefore, is incorporated herein, and
the current motion will be disposed of in accord therewith.
As the Plaintiff has taken a voluntary dismissal of their action against
Defendant April Kisselburg Davis, the motion to dismiss will be denied as
moot with respect to that Defendant.

ORDER
IT IS, THEREFORE ORDERED that the Motion to Dismiss [Doc. 7] is
GRANTED IN PART and DENIED IN PART. Specifically, with respect to
the Plaintiff’s claim against SunTrust Bank for negligent misrepresentation,
the Motion to Dismiss [Doc. 7] is GRANTED and this claim is DISMISSED.
In all other respects, the Motion to Dismiss [Doc. 7] is DENIED.
IT IS SO ORDERED.

Signed: September 30, 2013

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