Fong et al v. Wells Fargo Bank, N.A. et al

Filing 29

ORDER granting in part and denying in part 10 Dfts' Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 13 Dfts' Motion to Dismiss for Failure to State a Claim. Plfs' claim for negligent misrepresentation, the Motions to Dismiss [Docs. 10,13] are Granted and this claim is Dismissed. In all other repsects, the Motions to Dismiss [Docs. 10, 13] are Denied. Signed by District Judge Martin Reidinger on 9/30/13. (smj)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12-cv-000040-MR

DAVID FONG and CONSTANCE
FONG,

)
)
)
Plaintiffs,
)
)
vs.
)
)
)
WELLS FARGO BANK, N.A. and
)
ELIZABETH MADDEN,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Motions to
Dismiss [Docs. 10, 13].
The facts, legal issues, and causes of action asserted by the parties
in the present matter are substantially similar to those in the cases of
Beritelli, et al. v. Wells Fargo Bank, N.A., et al., No. 1:11-cv-00179-MR
(W.D.N.C.), and Boydell, et al. v. Wells Fargo Bank, N.A., et al., No. 2:12cv-00035-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, and were in fact previously severed [see Civil Case No. 1:11-

cv-00179-MR, Doc. 83], the Orders of this Court previously entered in
Beritelli and Boydell address and dispose of all of the issues raised by the
motions currently before the Court in this matter. The Orders in Beritelli
and Boydell, therefore, are incorporated herein, and the current motions will
be disposed of in accord therewith.

ORDER
IT IS, THEREFORE ORDERED that the Defendants’ Motions to
Dismiss [Docs. 10, 13] are GRANTED IN PART and DENIED IN PART.
Specifically,

with

respect

to

the

Plaintiffs’

claim

for

negligent

misrepresentation, the Motions to Dismiss [Docs. 10, 13] are GRANTED
and this claim is DISMISSED. In all other respects, the Motions to Dismiss
[Docs. 10, 13] are DENIED.
IT IS SO ORDERED.

Signed: September 30, 2013

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