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

Filing 20

ORDER granting in part and denying in part 5 Motion to Dismiss for Failure to State a Claim by Wells Fargo Bank, N.A.. Signed by District Judge Martin Reidinger on 9/30/13. (jde)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12-cv-000045-MR

JULIAN C. HUTCHINS, SR. and
ALANA W. HUTCHINS,

)
)
)
Plaintiffs,
)
)
vs.
)
)
)
WELLS FARGO BANK, N.A.,
)
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss [Doc. 5].
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 parties in both
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 decision of this Court in the Order previously entered in Beritelli
addresses and disposes of all of the 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. 5] is GRANTED IN PART and DENIED IN PART.
Specifically,

with

respect

to

the

Plaintiff’s

claim

for

negligent

misrepresentation, the Motion to Dismiss [Doc. 5] is GRANTED and this
claim is DISMISSED. In all other respects, the Motion to Dismiss [Doc. 5]
is DENIED.
IT IS SO ORDERED.

Signed: September 30, 2013

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