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15-1968 - Zahran et al v. Bank of America et al


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15-1968 - Zahran et al v. Bank of America et al
July 17, 2015
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MEMORANDUM Opinion and Order. the Court grants in part and denies in part BANA's motion to dismiss 8. The motion is denied as to Counts VII and VIII. The motion is granted without prejudice as to the remaining counts. Plaintiffs have 21 days from the date of this order to amend their complaint if they wish to do so. Signed by the Honorable Jorge L. Alonso on 7/17/2015. Notice mailed by judge's staff (ntf, )
March 3, 2016
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MEMORANDUM Opinion and Order. The Court grants BANA's motion to dismiss 29. The claims in counts I-IV and VII-IX are dismissed with prejudice because plaintiffs are still unable to meet their pleading burden, even after this Court previously dismissed these claims and gave plaintiffs an opportunity to amend, and it is evident that any further amendment would be futile. Plaintiffs' defamation claim (Count VI) is dismissed with prejudice because it is preempted and any amendment would be futile. Plaintiffs' FCRA claim (Count V), which was not previously dismissed, is dismissed without prejudice. Plaintiffs have 21 days from the date of this order to amend Count V - and only Count V - if they can cure the defects identified in this Order and state a claim in compliance with the Federal Rules of Civil Procedure. Signed by the Honorable Jorge L. Alonso on 3/3/2016. Notice mailed by judge's staff (ntf, )