Varon v. Wells Fargo Bank, N.A.

Filing 18

ORDER granting in part and denying in part 5 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Martin Reidinger on 09/30/13. (emw)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CIVIL CASE NO. 2:12-cv-000057-MR EDWARD VARON, ) ) Plaintiff, ) ) 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 2

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