Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

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


Download Files

Metadata

Document in Context
17-153 - ZAMIAS et al v. FIFTH THIRD BANK
January 9, 2018
PDF | More
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
PDF | More
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)