THE ESTATE OF H. FRED CLARK v. THE TORONTO DOMINION BANK et al

Filing 71

ORDERED THAT THE MOTION OF TD BAK, N.A. TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM 34 IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/20/2013. 3/21/2013 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(sg, )

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

THE ESTATE OF H. FRED CLARK
: CIVIL ACTION
by Karen Clark and Alan F.
:
Markowitz, Esq., co-executors :
:
vs.
: NO. 12-CV-6259
:
THE TORONTO DOMINION BANK,
:
a/k/a TD BANK FINANCIAL GROUP :
Et. Al.
:
ORDER

AND NOW, this

20th

day of March, 2013, upon

consideration of the Motion of TD Bank, N.A. to Dismiss
Plaintiff’s Amended Complaint for Failure to State a Claim (Doc.
No. 34), it is hereby ORDERED that the Motion is GRANTED IN PART
and DENIED IN PART and Plaintiff’s claims based upon remotely
created checks issued prior to October 29, 2009 as set forth in
Count Two and Counts Four and Five of the Plaintiff’s First
Amended Complaint are DISMISSED WITH PREJUDICE.

In all other

respects, the Motion is DENIED.
BY THE COURT:

/s/ J. Curtis Joyner
J. CURTIS JOYNER,

C.J.