GRIMM et al v. DISCOVER FINANCIAL SERVICES
| JOSEPHINE GRIMM and LESTER GRIMM |
| DISCOVER FINANCIAL SERVICES |
| 2:2008cv00747 |
| May 30, 2008 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Westmoreland |
| Nora Barry Fischer |
| Consumer Credit |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
38
MEMORANDUM OPINION indicating that based on the reasons more fully stated in said Opinion, the Court grants Defendant Discover's Motion to Dismiss Plaintiffs' Amended Complaint (Civil Action No. 08-747, Docket No. 4 ) and Defendant Bank of America's Motion to Dismiss Plaintiffs' Amended Complaint (Civil Action No. 08-832, Docket No. 6), with prejudice, with respect to Counts I (breach of implied contract), II (negligence), III (fraudulent misrepresentation), IV (negligent mi srepresentation), V (breach of fiduciary duty), VII (violation of TILA/CCPA) and VIII (negligence per se) at Civil Action Nos. 08-747 and 08-828. In addition, the Court grants Defendant Discover's Motion to Dismiss Plaintiffs' Amended Comp laint (Civil Action No. 08-747, Docket No. 4 ) and Defendant Bank of America's Motion to Dismiss Plaintiffs Amended Complaint (Civil Action No. 08-832, Docket No. 6), without prejudice, as to Count VI (violation of UTP/CPL) of Plaintiffs' Amended Complaints at Civil Action Nos. 08-747 and 08-828, granting Plaintiffs leave to amend Count VI of each Amended Complaint in accordance with this Opinion. Appropriate orders to follow in each case. Signed by Judge Nora Barry Fischer on 11/4/08. (jg)
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