ARNDT v. WELLS FARGO BANK, N.A. MORTGAGE CONTRACTING AND SERVICES

Filing 12

ORDER THAT THE RESPECTIVE MOTIONS TO DISMISS FILED BY DEFENDANTS WELLS FARGO AND MCS ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE GERALD A. MCHUGH ON 5/20/15. 5/20/15 ENTERED AND COPIES E-MAILED.(mbh, )

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

LAURIE ARNDT,

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Plaintiff,
v.
WELLS FARGO BANK, N.A.,
MORTGAGE CONTRACTING
AND SERVICES a/k/a
MORTGAGE CONTRACTING
SERVICES LLC,
Defendants.

CIVIL ACTION
No. 14-5586

Order
This 20th day of May, 2015, for the reasons stated in my accompanying memorandum
opinion, the respective Motions to Dismiss filed by Defendants Wells Fargo and MCS are
GRANTED IN PART and DENIED IN PART, as follows:
1. Defendants’ Motions to Dismiss Count IV of Plaintiff’s Complaint (Invasion of Privacy –
Intrusion Upon Seclusion) are GRANTED WITHOUT PREJUDICE;
2. Defendants’ Motions to Dismiss Count V of Plaintiff’s Complaint (Intentional Infliction
of Emotional Distress) are GRANTED WITH PREJUDICE;
3. Defendants’ Motions to Dismiss Count VI of Plaintiff’s Complaint (Negligent Infliction
of Emotional Distress) are GRANTED WITHOUT PREJUDICE; and
4. Defendants’ Motions to Dismiss Plaintiff’s request for punitive damages are DENIED
without prejudice to Defendants to reassert their arguments at summary judgment.
5. Plaintiff may amend her Complaint without leave of Court within 21 days of the entry of
this Order.
/s/ Gerald Austin McHugh
United States District Court Judge