Opinion
Civil Action 24-1529
11-19-2024
BARBARA DOWNZ Plaintiff, v. CITIZENS BANK, N.A. Defendant.
ORDER RE MOTION TO DISMISS
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, this 18th day of November 2024, upon consideration of Defendant Citizens Bank's Motion to Dismiss (ECF 19), Plaintiff's response thereto (ECF 22), and Defendant's reply (ECF 23), for the reasons stated in the foregoing memorandum, it is hereby ORDERED that Defendant's Motion (ECF 19) is GRANTED IN PART and DENIED IN PART.
1. Defendant's Motion is DENIED with respect to Count 1 of the Amended Complaint for negligence.
2. Defendant's Motion is GRANTED with respect to Count 2 of the Amended Complaint for negligence per se, which is DISMISSED WITH PREJUDICE.
3. Defendant's Motion is DENIED with respect to Count 3 of the Amended Complaint for violation of the unfair trade practices and consumer protection law.
4. Defendant's Motion is DENIED with respect to Count 4 of the Amended Complaint for aiding and abetting fraud.
5. Defendant's Motion is DENIED with respect to Count 5 of the Amended Complaint for breach of contract.