Bard et al v. Bank of America, N.A. et al

Filing 28

ORDER granting in part and denying in part [Doc. 9] Motion to Dismiss. Plfs' claim against Bank of America for negligent misrepresentation, the Motion to Dismiss [Doc. 9] is Granted and this claim is Dismissed. In all other respects, the Bank's Motion to Dismiss [Doc. 9] is Denied. Signed by District Judge Martin Reidinger on 9/30/13. (smj)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-000230-MR

LAWRENCE BARD and LOUIS BARD, )
)
Plaintiffs,
)
)
vs.
)
)
)
BANK OF AMERICA, N.A., and
)
MINDY JOHNSON,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on Defendant Bank of America’s
Motion to Dismiss [Doc. 9].
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 Plaintiffs in each of these
actions. Even though these cases have not been consolidated, 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.

ORDER
IT IS, THEREFORE ORDERED that the Motion to Dismiss [Doc. 9] is
GRANTED IN PART and DENIED IN PART. Specifically, with respect to
the

Plaintiffs’

claim

against

Bank

of

America

for

negligent

misrepresentation, the Motion to Dismiss [Doc. 9] is GRANTED and this
claim is DISMISSED. In all other respects, the Bank’s Motion to Dismiss
[Doc. 9] is DENIED.
IT IS SO ORDERED.

Signed: September 30, 2013

2