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

Filing 18

ORDER granting in part and denying in part 9 Motion to Dismiss. Signed by District Judge Martin Reidinger on 09/30/2013. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-000236-MR

CATHY CHAN and VINCENT SAI,

)
)
Plaintiffs,
)
)
vs.
)
)
)
BANK OF AMERICA, N.A.,
)
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’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 for negligent misrepresentation, the Motion to Dismiss
[Doc. 9] is GRANTED and this claim is DISMISSED. In all other respects,
the Motion to Dismiss [Doc. 9] is DENIED.
IT IS SO ORDERED.

Signed: September 30, 2013

2