Augustson et al v. Bank of America, N.A.
| Jeanne Kiel, Mark Augustson, Robert Kiel and Joseph Prosser |
| Bank of America, N.A. |
| 5:2011cv00002 |
| January 4, 2011 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| James C. Dever |
| Banks and Banking |
| Civil Miscellaneous Case |
| Plaintiff |
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Filing
32
ORDER: The court GRANTS in part and DENIES in part defendant's motion to dismiss plaintiffs' amended complaint 23 . Count one may proceed. Counts two, three, and four are DISMISSED for failure to state a claim upon which relief can be granted. Plaintiff Kiels' request for injunctive relief is DISMISSED AS MOOT. The court declines to address the viability of the requested equitable relief on count one unless and until plaintiffs prove liability on count one. Signed by Chief Judge James C. Dever III on 3/29/2012. (Sawyer, D.)
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