Frontline Processing Corporation v. Merrick Bank Corporation
| Frontline Processing Corporation |
| Merrick Bank Corporation |
| 1:2013cv03956 |
| June 11, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Robert P. Patterson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Both |
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Filing
38
OPINION & ORDER re: 26 MOTION to Dismiss. filed by Merrick Bank Corporation. For the reasons discussed herein, Merrick's motion to dismiss the breach of contract claim alleged in paragraph 7(f) is DENIED. Merrick's motion to dismiss the breach of contract claims alleged in paragraphs 7(a)-(e), (g)-(l), and paragraph eight is GRANTED. Frontline's request for leave to amend the breach of contract claims alleged in paragraphs 7(a)-(e), (g)-(l),and paragraph eight is GRANTED. Mer ric'ks motion to dismiss the breach of the implied covenant of good faith and fair dealing claim, the conversion claim, the fraud/fraudulent inducement claim, the constructive fraud claim, the negligent misrepresentation claim, and the deceit cl aim is GRANTED. Leave to amend the Montana law constructive fraud claim and the Montana law negligent misrepresentation claim is GRANTED. Leave to amend the breach of the implied covenant of good faith and fair dealing claim, the conversion claim, th e fraud/fraudulent inducement claim, and the deceit claim is DENIED. Any amended complaint must be filed within thirty days of this decision. The parties should consider prompt settlement of this action. (Signed by Judge Robert P. Patterson on 3/3/2014) (djc) Modified on 3/4/2014 (djc).
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