First South Bank v. Seely et al

Filing 25

ORDER denying 19 Defendants Motion to Dismiss First Amended Complaint for Failure to State a Claim. Signed by District Judge Max O. Cogburn, Jr on 4/14/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00023-MOC-DCK
FIRST SOUTH BANK,

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Plaintiff,
Vs.
CYNTHIA LEONARD SEELY
THE PHILLIP J. BRUST CHARITABLE
REMAINDER TRUST
CYNTHIA LEONARD SEELY,
Defendants.

ORDER

THIS MATTER is before the court on defendants’ Motion to Dismiss Plaintiff’s First
Amended Complaint (#19) pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. Having
considered defendants’ motion, read the First Amended Complaint, and considered the briefs of
the parties, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendants’ Motion to Dismiss Plaintiff’s First
Amended Complaint (#19) is DENIED. Defendants shall answer the First Amended Complaint
within 14 days of entry of this Order.
Signed: April 14, 2016

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