Zimmerschied v. JP Morgan Chase Bank, N.A. et al
| Kathleen Zimmerschied |
| JP Morgan Chase Bank, N.A. and CitiMortgage, Inc. |
| 0:2013cv03431 |
| December 12, 2013 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Jeffrey J. Keyes |
| John R. Tunheim |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
35
MEMORANDUM OPINION AND ORDER granting in part and denying in part defendant's 15 Motion to Dismiss. 1. Motion is GRANTED with respect to Plaintiff's claims for violation of Minn. Stat. § 47.59 (Count I), Minn. Stat. §§ 47.20 and 47.59 (Count II), Minn. Stat. § 58.13 (Count III), and Minn. Stat. § 58.14 (Count IV), negligent misrepresentation (Count VII), and unjust enrichment (Count IX). Those claims are DISMISSED with prejud ice. 2. Motion is GRANTED with respect to Plaintiff's claims for fraud (Count V) and fraudulent nondisclosure (Count VI). Those claims are DISMISSED without prejudice. Within twenty-one (21) days from the date of this Order, Plaintiff may file an amended complaint with respect to these claims. 3. Motion is DENIED with respect to Plaintiff's claim for breach of contract (Count VIII).(Written Opinion). Signed by Judge John R. Tunheim on September 23, 2014. (DML)
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