Bank of America, N.A. v. New England Quality Service, Inc. et al
Bank of America, N.A. |
New England Quality Service, Inc., Earth Waste & Metal, Inc., EWM Real Estate Inc., EWM, Inc., EWS of NY, Inc., American Waste & Metal, LLC, American Waste & Metal of TN, Inc., Wyre Wheel Real Estate, Inc., American Waste & Metal Company of New York, LLC, Case Street Holdings, LLC, American Iron & Metal of TN, Inc. and Kevin C. Elnicki |
5:2016cv00083 |
April 1, 2016 |
US District Court for the District of Vermont |
Rutland Office |
XX US, Outside State |
Geoffrey W. Crawford |
Negotiable Instrument |
28 U.S.C. ยง 1332 |
None |
Available Case Documents
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Document Text |
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Filing 85 DECISION granting in part and denying in part 74 Motion to Compel 30(b) Witness; denying 79 Cross-Motion for Protective Order Related to 30(B)(6) Subpoena. Signed by Judge Geoffrey W. Crawford on 7/10/2017. (esb) |
Filing 53 OPINION AND ORDER: GRANTING in part and DENYING in part 7 MOTION to Dismiss 6 COUNTERCLAIM for Failure to State a Claim. The portion of Defendants' breach-of-good-faith-and-fair-dealing claim (Count II) alleging that Bank of America had an i mproper ulterior motive when it cross-defaulted all of Defendants' loans is DISMISSED as duplicative of Defendants' breach-of-contract claim. Count III is DISMISSED in its entirety. Defendants' punitive-damages claim is DISMISSED. The 7 MOTION to Dismiss is DENIED in all other respects. Bank of America's 7 MOTION to Strike Defendants' 6 Demand for a Jury Trial is DENIED. Signed by Judge Geoffrey W. Crawford on 1/4/2017. (pjl) |
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