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08-747 - GRIMM et al v. DISCOVER FINANCIAL SERVICES


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08-747 - GRIMM et al v. DISCOVER FINANCIAL SERVICES
November 4, 2008
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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 misrepresentation), 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 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), 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)