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Bucci v. Wachovia Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 17, 2009

RALPH S. BUCCI D/B/A ENVIRONMENTAL EQUIPMENT & SERVICE COMPANY, PLAINTIFF.
v.
WACHOVIA BANK, N.A., DEFENDANT.

The opinion of the court was delivered by: Anita B. Brody, J.

ORDER

AND NOW, this __17TH ____ day of June, 2009, it is ORDERED that, upon consideration of the Motion of Defendant Wachovia Bank N.A. to Dismiss Certain Counts of Plaintiff's Amended Complaint (Doc. #42) and Plaintiff's reply thereto, Defendant's Motion is GRANTED in part and DENIED in part as follows:

Plaintiff's claims for fraud (Am. Count II), constructive fraud (Am. Count III), and negligent misrepresentation (Am. Count IV), are dismissed with prejudice.

Plaintiff's claims under 13 Pa. C.S.A. § 3307 (Am. Count VII), § 3406 (Am. Count VIII), and § 4401 (Am. Count IX), are dismissed as to checks processed by Wachovia before February 25, 2005, with prejudice.

The following counts remain: Negligence (Am. Count I), Beach of Contract (Am. Count V), Breach of Duty of Good Faith and Fair Dealing (Am. Count VI), violation of 13 Pa. C.S.A. § 4406 (Am. Count X), Aiding and abetting (Am. Count XI), and violation of the Uniform Fiduciaries Act, 7 Pa. C.S. §§ 6351, et seq. (Am. Count XII).

It is further ORDERED that the parties shall submit a joint discovery plan to the Court with a proposed timetable for merits discovery, dispositive motions, and trial, by July 1, 2009.

20090617

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