FENNIMORE v. BANK OF AMERICA, N.A. et al

Filing 43

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED IN PART AND DENIED IN PART. COUNTS I AND IV INSOFAR AS THEY ALLEGE A BREACH OF GOOD FAITH AND FAIR DEALING AND COUNTS II, III, V, VI, AND VII ARE DISMISSED. THE MOTIONS TO DISMISS COUNTS I AND IV INSOFAR AS THEY ALLEGE A BREACH OF CONTRACT FOR FAILURE TO OFFER A MODIFICATION AGREEMENT ARE DENIED.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/12/2015. 11/13/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANCES FENNIMORE, individually
and on behalf of others similarly situated,
Plaintiff,

CIVIL ACTION
NO. 14-06883

v.
BANK OF AMERICA, N.A.,
NATIONSTAR MORTGAGE, LLC, and
JOHN DOES 1-10,
Defendants.

ORDER
AND NOW, this 12th day of November, 2015, upon consideration of Bank of America,
N.A. and Nationstar Mortgage, LLC’s (“Defendants”) Motions to Dismiss (ECF Nos. 26, 27),
along with Frances Fennimore’s Omnibus Response (ECF No. 30) and Defendants’ replies
thereto (ECF Nos. 31, 32), it is ORDERED that the motions are GRANTED in part and
DENIED in part. Counts I and IV—insofar as they allege a breach of good faith and fair
dealing—and Counts II, III, V, VI and VII are DISMISSED. The motions to dismiss Counts I
and IV—insofar as they allege a breach of contract for failure to offer a modification
agreement—are DENIED.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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