Thomas v. Branch Banking and Trust Co.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Pending before the Court is the defendant’s Rule 12(b)(6) motion to dismiss. The defendant contends that plaintiffs claims for breach of contract and breach of a secured party’s duty to preserve collateral are barred by statutes of limitation. For reasons set forth below, this Court DENIES the defendant’s motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 21, 2006, West Virginia resident Laura Thomas filed suit in this Court against Branch Banking and Trust Company (“BB & T”), a financial institution based in North Carolina. Her complaint…