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17-153 - ZAMIAS et al v. FIFTH THIRD BANK


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17-153 - ZAMIAS et al v. FIFTH THIRD BANK
January 9, 2018
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 4 Motion to Dismiss; denying 7 Motion to Remand. Fifth Third's Motion to Dismiss (ECF No. 4) is GRANTED IN PART and DENIED IN PART as follows: Fifth Third' s Motion to Dismiss is GRANTED with respect to the following claims asserted by the Zamias Guarantors, which are DISMISSED WITH PREJUDICE: i. Fraud (Count 1); ii. Fraudulent inducement (Count 5); iii. Tortious interference with contractual relations (Count 2), with respect to the first two allegations which are, as a matter of law, barred by the two-year statute of limitations; iv. Equitable accounting (Count 4); and v. Predatory Lending (Count 6). b. Fifth Third's Motion to Dismiss is also GRANTED with respect to the Zamias Guarantors' claim for breach of the covenant of good faith and fair dealing (Count 3) and their claim for legal accounting (Count 4). As explained above, these claims are DISMISSED WITH LEAVE TO AMEND. c. Fifth Third' s Motion to Dismiss is DENIED with respect to the Zamias Guarantors' third allegation of tortious interference with contractual relations (Count 2), and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 1/9/2018. (dlg)
March 27, 2018
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MEMORANDUM OPINION AND ORDER - in consideration of Fifth Third's Motion to Strike Plaintiffs' Amended Complaint (ECF No. 29), IT IS HEREBY ORDERED as follows: 1. Fifth Third's Motion to Strike Plaintiffs' Amended Complaint (ECF No. 29) is DENIED. 2. Because Plaintiffs' Amended Complaint is already on the docket (ECF No. 28), Plaintiffs are neither required, nor permitted, to re-file it or to file an second amended complaint. The Amended Complaint at ECF No. 28 is the operative complaint going forward in this case. 3. Fifth Third shall have 14 days from the date of this Order to file a responsive pleading to the Amended Complaint, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/27/2018. (dlg) Modified on 3/28/2018. (cel)
June 21, 2018
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MEMOANDUM OPINION AND ORDER - in consideration of Plaintiffs' Motion for Voluntary Dismissal (ECF No. 38), and in accordance with the accompanying memorandum opinion, IT IS HEREBY ORDERED as follows: 1. Plaintiffs' Motion for Voluntary Dismissal (ECF No. 38) is DENIED. 2. The Court notes that Plaintiffs never filed a response to Fifth Third's Motion for Judgment on the Pleadings and instead opted to file their Motion for Voluntary Dismissal in lieu of a response. In fairness to Plaintiffs, Plaintiffs shall have fourteen days from the date of this Memorandum Opinion to file a responsive brief to Fifth Third' s Motion for Judgment on the Pleadings. 3. If Plaintiffs do not file a responsive brief in fourteen days, the Court will consider FifthThird' s Motion for Judgment on the Pleadings unopposed, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 6/21/2018. (dlg)
July 17, 2018
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MEMORANDUM OPINION AND ORDER granting 36 Motion for Judgment on the Pleadings. The Clerk is directed to close the case, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 7/16/2018. (dlg)