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Diane Messer, A/K/A Diane M. Mccutcheon, and Charles Messer v. First Financial Federal Credit Union of Maryland

July 30, 2012

DIANE MESSER, A/K/A DIANE M. MCCUTCHEON, AND CHARLES MESSER, PLAINTIFFS,
v.
FIRST FINANCIAL FEDERAL CREDIT UNION OF MARYLAND, DEFENDANT.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 30th day of July 2012, upon consideration of Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint [Doc. No. 13]; Plaintiffs' Response in Opposition thereto [Doc. No. 20]; Defendant's Reply [Doc. No. 21]; and Plaintiffs' Sur-Reply [Doc. No. 24]; and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant's Motion is GRANTED in part and DENIED in part, as follows:

1. Defendant's Motion is GRANTED as to Count IV (Intentional Infliction of Emotional Distress); accordingly,

(a) as to Plaintiff Charles Messer, Count IV is DISMISSED with prejudice; and

(b) as to Plaintiff Diane Messer, Count IV is DISMISSED without prejudice, with leave to amend within twenty-one (21) days of the date of this Order; and

2. Defendant's Motion is GRANTED as to Count V (Loss of Consortium), which is DISMISSED with prejudice; and

3. Defendant's Motion is DENIED as to Counts I-III.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20120730

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