BUCCI v. WACHOVIA BANK, N.A.

Filing 50

ORDER that UPON CONSIDERATION OF THE MOTION OF DEFENDANT WACHOVIA BANK N.A. TO DISMISS CERTAIN COUNTS OF PLAINTIFF'S AMENDED COMPLAINT (DOC. #42) AND PLAINTIFF'S REPLY THERETO, DEFENDANT'S MOTION IS GRANTED IN PART AND DENIED IN PART A S FOLLOWS:... IT IS FURTHER ORDERED THAT THE PARTIES SHALL SUBMIT A JOINT DISCOVERY PLAN TO THE COURT WITH A PROPOSED TIMETABLE FOR METITS DISCOVERY MOTIONS, AND TRIAL, BY JULY 1, 2009.. SIGNED BY HONORABLE ANITA B. BRODY ON 6/17/2009. 6/19/2009 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RALPH S. BUCCI d/b/a ENVIRONMENTAL EQUIPMENT & SERVICE COMPANY, Plaintiff. v. WACHOVIA BANK, N.A., Defendant. : : : : : : :

CIVIL ACTION NO. 08-1478

ORDER

AND NOW, this __17TH ____ day of June, 2009, it is ORDERED that, upon consideration of the Motion of Defendant Wachovia Bank N.A. to Dismiss Certain Counts of Plaintiff's Amended Complaint (Doc. #42) and Plaintiff's reply thereto, Defendant's Motion is GRANTED in part and DENIED in part as follows: Plaintiff's claims for fraud (Am. Count II), constructive fraud (Am. Count III), and negligent misrepresentation (Am. Count IV), are dismissed with prejudice. Plaintiff's claims under 13 Pa. C.S.A. § 3307 (Am. Count VII), § 3406 (Am. Count VIII), and § 4401 (Am. Count IX), are dismissed as to checks processed by Wachovia before February 25, 2005, with prejudice. The following counts remain: Negligence (Am. Count I), Beach of Contract (Am. Count V), Breach of Duty of Good Faith and Fair Dealing (Am. Count VI), violation of 13 Pa. C.S.A. § 4406 (Am. Count X), Aiding and abetting (Am. Count XI), and violation of the Uniform Fiduciaries Act, 7 Pa. C.S. §§ 6351, et seq. (Am. Count XII). It is further ORDERED that the parties shall submit a joint discovery plan to the Court

with a proposed timetable for merits discovery, dispositive motions, and trial, by July 1, 2009. s/Anita B. Brody __________________________ ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: