Veal et al v. Wells Fargo Bank NA
Bennett Veal and Roslyn Veal |
Wells Fargo Bank NA |
2:2016cv03998 |
May 2, 2016 |
US District Court for the Eastern District of Louisiana |
New Orleans Office |
Jefferson |
Eldon E. Fallon |
Michael North |
Other Contract |
28 U.S.C. ยง 1332 |
Plaintiff |
Available Case Documents
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Document Text |
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Filing 16 ORDER & REASONS that defendant Wells Fargo Bank NA's 13 Motion to Dismiss for Failure to State a Claim is GRANTED IN PART, DENIED AS MOOT IN PART, AND GRANTED WITHOUT PREJUDICE IN PART. Because Plaintiffs' claims for Declaratory Judgmen t, and relief under TILA and RESPA fail as a matter of law, those claims are DISMISSED WITH PREJUDICE. However, because Plaintiffs state a possibly cognizable claim under breach of contract but fails to request appropriate damages, Plaintiffs' ; claim for breach of contract is DISMISSED WITHOUT PREJUDICE, leaving Plaintiff the opportunity to re-file a proper claim for breach of contract. IT IS FURTHER ORDERED that the claim for Injunctive Relief is DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 10/13/16. (dno) |
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