Mattarollo et al v. Branch Banking and Trust Co et al

Filing 29

Amended ORDER re 28 Order on Motion to Dismiss. Signed by District Judge Martin Reidinger on 9/30/2013. (blf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12-cv-000063-MR

CHRIS MATTAROLLO and TINA
MATTAROLLO,

)
)
)
Plaintiffs,
)
)
vs.
)
)
)
BRANCH BANKING AND TRUST CO. )
and PAM MURAS,
)
)
Defendants.
)
_______________________________ )

AMENDED ORDER

THIS MATTER is before the Court on the Defendants’ Motions to
Dismiss [Docs. 6, 22].
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 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. 6, 22] are GRANTED IN PART and DENIED IN PART.
Specifically,

with

respect

to

the

Plaintiffs’

claim

for

negligent

misrepresentation, the Motions to Dismiss [Docs. 6, 22] are GRANTED and
this claim is DISMISSED. In all other respects, the Motions to Dismiss
[Docs. 6, 22] are DENIED.
IT IS SO ORDERED.

Signed: September 30, 2013

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