Sutter v. First Union National Bank of Virginia, Inc.

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter is before the court upon defendants’ motion, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss Counts II, III, and IV of the complaint and to dismiss plaintiffs claim for punitive damages. For the reasons discussed below, the courts GRANTS defendants’ motion to dismiss Counts II and IV of the complaint. 1

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Mary Kaye Sutter (“Sutter”) was an employee at the Portsmouth branch of defendant First Union Bank of Virginia, Inc. (“First Union”). Her personal…