Malagese v. Fifth Third Bank, National Association

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. 3:17-CV-00489-GNS-RSE DAVID MALAGESE and GABRIELLE CHAPPELL, individually and on behalf of all persons similarly situated PLAINTIFFS v. FIFTH THIRD BANK, N.A. DEFENDANT MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment (DN 73). The motion is now ripe for adjudication. For the reasons that follow, Defendant’s motion is GRANTED. I. BACKGROUND Plaintiffs David Malagese (“Malagese”) and Gabrielle Chappell (“Chappell”) bring this putative class action…