First Fidelity Bank, N.A. v. First Interstate Bank

OPINION

FRYE, District Judge:

The matters before the court are the following motions:

1) the motion (#7) of defendant Ann Bartell to dismiss the complaint;

2) the motion (# 8-1) of defendant First Interstate Bank of Oregon, N.A. (First Interstate) to dismiss or for summary judgment against the complaint; and

3) the motion (# 8-2) of defendant First Interstate to strike the second count in the complaint.

BACKGROUND

Plaintiff, First Fidelity Bank, N.A. (First Fidelity), is a national banking association with its principal place of business in the State of New Jersey. First Fidelity is suing First…