Ratcliffe v. Wells Fargo Bank, N.A. et al
Filing
28
ORDER granting in part and denying in part 8 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 11 Motion to Dismiss for Failure to State a Claim. Specifically, with respect to plf' ;s claim for negligent misrepresentation, the Motions to Dismiss [Docs. 8,11] are granted and this claim is dismissed. In all other respects, the Motions to dismiss [Docs. 8,11] are 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-000051-MR
PAMELA M. RATCLIFFE,
)
)
Plaintiff,
)
)
vs.
)
)
)
WELLS FARGO BANK, N.A. and
)
ANDREA MURPHY,
)
)
Defendants.
)
_______________________________ )
ORDER
THIS MATTER is before the Court on the Defendants’ Motions to
Dismiss [Docs. 8, 11].
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, 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 motions
currently before the Court in this matter. The Order in Beritelli, therefore, is
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. 8, 11] are GRANTED IN PART and DENIED IN PART.
Specifically,
with
respect
to
the
Plaintiff’s
claim
for
negligent
misrepresentation, the Motions to Dismiss [Docs. 8, 11] are GRANTED and
this claim is DISMISSED. In all other respects, the Motions to Dismiss
[Docs. 8, 11] are DENIED.
IT IS SO ORDERED.
Signed: September 30, 2013
2
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