Kennedy et al v. BAC Home Loans Servicing, LP
||Lynn E. Kennedy and C. Michael Kennedy
||BAC Home Loans Servicing , LP
||May 15, 2013
||US District Court for the Southern District of West Virginia
||Robert C. Chambers
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Breach of Contract
|Jury Demanded By:
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|September 18, 2013
MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant Bank of America N.A.'s 6 MOTION to Dismiss Plaintiffs' Complaint; granting Defendant's motion to dismiss Plaintiffs' WVCCPA, agency, respondeat superi or, and negligence claims; denying the motion with respect to the libel and defamation, invasion of privacy, outrage and fraudulent misrepresentation claims; and denying without prejudice the motion to dismiss Plaintiff's breach of contract clai m; directing Plaintiffs to amend their Complaint with respect to their breach of contract claim within 14 days of entry of this Memorandum Opinion and Order. Signed by Judge Robert C. Chambers on 9/18/2013. (cc: attys; any unrepresented parties) (mkw)
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