Tracy et al v. Bank of America, N.A.
Filing
18
ORDER granting in part and denying in part 9 Motion to Dismiss. Specifically, with respect to plfs' 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. Signed by District Judge Martin Reidinger on 9/30/2013. (cbb)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12-cv-000031-MR
KEVIN TRACY and KATHRYN L.
TRACY,
)
)
)
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
Beritelli, et al. v. Wells Fargo Bank, N.A., et al., No. 1:11-cv-00179-MR
(W.D.N.C.), and the same attorneys appear on behalf of the Plaintiffs in
both actions. Even though these cases have not been consolidated, the
decision of this Court in the Order previously entered in Beritelli addresses
and disposes of all of the legal issues raised by the motion currently before
the Court in this matter. The Order in Beritelli, therefore, is incorporated
herein, and the current motion will be disposed of in accord therewith.
ORDER
IT IS, THEREFORE ORDERED that the Defendant’s 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
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