Woods v. Bank of America Group Benefits Program et al

Filing 32

ORDER denying without prejudice 27 Motion to Dismiss. Signed by District Judge Max O. Cogburn, Jr on 4/12/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00784-MOC-DSC
TONY D. WOODS,
Plaintiff,
Vs.
BANK OF AMERICA CORPORATION; AND
BANK OF AMERICA GROUP BENEFITS
PROGRAM,
Defendants.

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ORDER

THIS MATTER is before the court on defendants’ partial Motion to Dismiss Counts II
and III of the First Amended Complaint. Having considered defendants’ partial motion and
reviewed the pleadings, including plaintiff’s Response (#30) and defendants’ Reply (#31), the
court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendants’ partial Motion to Dismiss Counts II
and III of the First Amended Complaint (#27), seeking dismissal under Rule 12(b)(6), is DENIED
without prejudice as to reasserting the substance of such motion at summary judgment, after
discovery has closed.

Signed: April 12, 2017

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