NATIONAL EDUCATION FINANCIAL SERVICES, INC. et al v. U.S. BANK NATIONAL ASSOCIATION

Filing 38

MEMORANDUM AND ORDER DEFENDANTS MOTION TO DISMISS IN PART PLAINTIFFS SECOND AMENDED COMPLAINT (DOC. 28) IS GRANTED. PLAINTIFFS CLAIMS FOR A BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING AND FOR INDIRECT DAMAGES ARE DISMISSED WITH PREJUDICE.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/6/14. 3/6/14 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NATIONAL EDUCATION
FINANCIAL SERVICES, INC., et al.,
v.
U.S. BANK, NATIONAL
ASSOCIATION.

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CIVIL ACTION

NO. 12-6651

ORDER
AND NOW, this 6th day of March, 2014, upon consideration of Defendant’s Motion to
Dismiss, in part, Plaintiff’s Second Amended Complaint (Doc. No. 28), it is hereby ORDERED
that the motion is GRANTED. Plaintiff’s claims for a breach of the implied covenant of good
faith and fair dealing and for indirect damages are DISMISSED with prejudice.

BY THE COURT:
/s/ L. Felipe Restrepo
L. Felipe Restrepo
United States District Court Judge