Opinion
Civil Action 22-826
06-28-2022
DEEPAK SHARMA et al. v. SANTANDER BANK, N.A.
ORDER RE: MOTION TO DISMISS AND TO STRIKE
MICHAEL M. BAYLSON UNITED STATES DISTRICT JUDGE
AND NOW, this 28th day of June, 2022, upon consideration of Defendant's Motion to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) and to Strike Plaintiffs' Jury Demand Pursuant to Rule 12(f) (ECF 7), Plaintiffs' Response in Opposition (ECF 10), and Defendant's Reply (ECF 11), and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that:
1. Defendant's Motion to Dismiss is GRANTED without prejudice. Plaintiffs' breach of implied warranty and negligent infliction of emotional distress claims (Counts II & III) are dismissed without prejudice with leave to amend.
2. Defendant's Motion to Strike is DENIED without prejudice.