L.L. Bean, Inc. v. Bank of America

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

D. BROCK HORNBY, District Judge.

After oral argument on June 23, 2009, and upon de novo review, I adopt the Report and Recommended Decision of Magistrate Judge Martin (Docket Item 125).

I make these additional observations.

1. At this point, there is room for reasonable minds to differ over the meaning of the term “replace” in the contract and whether that contractual requirement is satisfied by issuance of new cards to consumers coupled with instructions to those consumers to destroy the old cards, or whether it requires the card…