McCune et al v. National City Bank

Filing 17

ORDER re: 6 Defendant National City Bank's Motion to Dismiss Plaintiffs' Complaint:Upon consideration of the motion, the opposition thereto, and the arguments of counsel, and for the reasons stated in the accompanying Memorandum Opini on, it is herebyORDERED that Defendant National City Bank's Motion to Dismiss Plaintiffs' Complaint (Doc. No. 6 ) be, and the same hereby is, DENIED as to Count 1 of the Complaint; and it isFURTHER ORDERED Defendant National City Bank's Motion to Dismiss Plaintiffs' Complaint (Doc. No. 6 ) be. and the same hereby is, GRANTED as to Count 2 and Count 3 of the Complaint (Doc. No. 1 ), and that Count 2 and Count 3 of the Complaint (Doc. No. 1 ) be, and the same hereby are, DISMISSED with prejudice. Signed by District Judge Anthony J Trenga on 03/24/2010. (kbro )

IN Tl IE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division DEBORAH ANN MCCUNE, el a!,, Plaintiffs, NATIONAL CITY BANK, Defendant. ) )

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No. l:09-cv-1248(AJT/JFA)

ORDER

This matter came before the Court on January 22, 2010 on Defendant National
City Bank's Motion lo Dismiss Plaintiffs' Complaint (Doc. No. 6). Upon consideration of

the motion, the opposition thereto, and the arguments of counsel, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant National Cily Bank's Motion lo Dismiss Plaintiffs'
Complaint (Doc. No. 6) be, and the same hereby is, DENIED as to Count 1 of the Complaint; and it is

FURTHER ORDERED Defendant National City Bank's Motion lo Dismiss Plaintiffs' Complaint (Doc. No. 6) be. and the same hereby is, GRANTED as to Count 2 and Count 3 of the Complaint (Doc. No. 1), and that Count 2 and Count 3 of the
Complaint (Doc. No. 1) be, and the same hereby are, DISMISSED with prejudice.

The Clerk is directed lo forward copies of this Order to all counsel of record.

Anthpny J. Trenga
United States District Judge Alexandria. Virginia March 24. 2010