MWANTEMBE et al v. TD BANK, N.A. et al

Filing 30

ORDER THAT THE MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED CLASS ACTION COMPLAINT IS GRANTED IN PART AND DENIED IN PART, AS OUTLINED AS HEREIN.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/17/09. 11/17/09 ENTERED AND COPIES E-MAILED.(dp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CHAWEZI MWANTEMBE, et al. v. TD BANK, N.A., et al. : : : : : : ORDER AND NOW, this 17th day of November, 2009, upon consideration of the Defendants' Motion to Dismiss Plaintiffs' First Amended Class Action Complaint (Document No. 8), the plaintiffs' response and after oral argument, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED as follows: 1. 2. 3. The motion is GRANTED as to counts IV and V; Counts IV and V of the amended complaint are DISMISSED; All allegations in the amended complaint pertaining to avoidance or violation CIVIL ACTION NO. 09-0135 of Pennsylvania's escheat law are STRICKEN; and 4. In all other respects, the motion is DENIED. /s/ Timothy J. Savage TIMOTHY J. SAVAGE, J.

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