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Thomas A. Oates, Jr v. Wells Fargo Bank
July 31, 2012
THOMAS A. OATES, JR., PLAINTIFF,
v.
WELLS FARGO BANK, N.A., DEFENDANT.
The opinion of the court was delivered by: Eduardo C. Robreno, J.
AND NOW, this 31st day of July, 2012, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED that Defendant's Motion to Dismiss (ECF No. 5) is GRANTED in part and DENIED in part.
The Motion is GRANTED as to Counts II, IV, and VI, and to the extent Plaintiff's common law claims are based on alleged violations of the Flood Disaster Protection Act. Counts II, IV, and VI are DISMISSED.
The Motion is GRANTED as to Plaintiff's demand for lost profits, and that demand is DISMISSED with leave to amend the demand within seven days of entry of this Order
The Motion is DENIED as to Counts I, III, and V. AND IT IS SO ORDERED.
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