Mabary v. Hometown Bank, N.A.

MEMORANDUM & ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court are Defendant Hometown Bank, N.A.’s (“Hometown” or “Defendant”) motions to dismiss Plaintiff Lisa Mabary’s (“Mabary” or “Plaintiff’) class complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). (Doc. Nos. 8 & 14.) After considering the parties’ filings, all responses and replies thereto, and the applicable law, the Court finds that both of Hometown’s motions to dismiss must be DENIED.

I. BACKGROUND

On October 19, 2010, Plaintiff filed the present lawsuit on behalf of herself and all others…