FERKI v. WELLS FARGO BANK, NATIONAL ASSOCIATION et al

Filing 17

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/20/10. 12/20/10 ENTERED AND COPIES E-MAILED.(mbh, )

FERKI v. WELLS FARGO BANK, NATIONAL ASSOCIATION et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RAYMOND A. FERKI,

: : Plaintiff, : : v. : : WELLS FARGO BANK, NATIONAL : ASSOCIATION, as successor in interest to : Wachovia Bank, N.A.; WELLS FARGO : & COMPANY, INC., as successor in : interest to Wachovia Corporation, and : THE BANK OF NEW YORK MELLON : CORPORATION and MELLON : INVESTOR SERVICES, LLC d/b/a : BNY Mellon Shareholder Services, : : Defendants. :

CIVIL ACTION

NO. 10-2756

ORDER

AND NOW, this 20th day of December, 2010, upon consideration of the Motion of Defendants Wells Fargo Bank, NA; Wells Fargo & Company, Inc.; The Bank of New York Mellon Corporation; and Mellon Investor Services, LLC to Dismiss Plaintiff's Amended Complaint (Docket No. 10), Response of Plaintiff Raymond A. Ferki. (Docket No. 11), and Defendants' Reply (Docket No. 12), it is hereby ORDERED that Defendants' Motion to Dismiss (Docket No. 10) is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants' Motion to Dismiss Plaintiff's tortious interference with prospective economic relationship claim (Count VI) is DENIED;

Dockets.Justia.com

2.

Defendants' Motion to Dismiss Plaintiff's conspiracy claim (Count III) is GRANTED; Defendants' Motion to Dismiss Plaintiff's state law unfair trade practices claim (Count V) is GRANTED; Plaintiff's Request for Oral Argument Regarding Defendants' Motion to Dismiss is DENIED.

3.

4.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.