Legal Opinion

Borsheim Builders Supply, Inc. v. Merrick Bank Corp.

United States District Court

Decided June 3, 2019No. Case No. 1:17-cv-186Published

1Opinion of the Court

Charles S. Miller, Jr., United States Magistrate Judge

Before the court are motions to dismiss filed by Merrick Bank Corporation ("Merrick") and HSBC Card Services, Inc. ("HSBC") (collectively the "defendants").

*961For the reasons set forth below, the motions are granted.1

I. BACKGROUND

Plaintiff Borsheim Builders Supply, Inc. initiated this action by the filing of its complaint on September 11, 2017. In this action, plaintiff attempts to recover from defendants money that one of plaintiff's employees, Daphney Harstad ("Harstad"), fraudulently diverted and used to pay off personal debts she owed on…

2Cases cited33 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Bjc Health System v. Columbia Casualty Company, Atg Assurance Company Limited v. Columbia Casualty Company, Doing Business as Cna HealthproCourt of Appeals for the Eighth Circuit · 2007

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