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16-118 - CAMPBELL v. M&T BANK


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16-118 - CAMPBELL v. M&T BANK
March 22, 2017
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MEMORANDUM OPINION AND ORDER granting 3 Motion to Dismiss as follows: Plaintiff Debra Heverly Campbell's complaint (ECF No. 1-3) is dismissed. (a) With respect to counts one, two, three, five, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, and fifteen, this dismissal is with prejudice. (b) With respect to count four, this dismissal is without prejudice. With respect to count six, Campbell is granted leave to file on or before April 13, 2017, if at all, an amended complaint as to count six only, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/22/2017. (dlg) Modified on 3/23/2017. (cel)
January 12, 2018
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MEMORANDUM OPINION AND ORDER - upon consideration of the four motions to dismiss filed by Defendants M&T Bank, Colony Surf Ltd., David Spriegel, Geralyn Bonilla, Peri Sarac-Flihan, William E. Denison, R. Stevens Gilley, and Terry Mullin (ECF Nos. 9, 14, 16, 30), and for the reasons set forth in the Memorandum Opinion accompanying this Order, these four motions to dismiss (ECF Nos. 9, 14, 16, 30) are GRANTED. It is hereby Ordered as follows: The Clerk's entry of default against Muriel Payne (ECF No. 33) is SET ASIDE for the reasons set forth in the foregoing Memorandum Opinion. All counts and claims of the Amended Complaint are DISMISSED WITH PREJUDICE as to all Defendants. Plaintiff is DENIED leave to amend any of the counts or claims of the Amended Complaint, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 1/12/2018. (dlg)