Legal Opinion

Prickett v. BAC Home Loans

District Court, N.D. Alabama

Decided May 21, 2013No. 2:12-cv-0826-LSCPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

L. SCOTT COOGLER, District Judge.

I. Introduction

Before the Court is a Motion to Dismiss, filed by the defendant, Bank of America, N.A. (“BANA” or “Defendant”1). (Doc. 23.) The issues raised in Defendant’s motion have been fully briefed by all parties, and are now ripe for decision. For the reasons described below, Defendant’s Motion to Dismiss is due to be GRANTED in part, DENIED in part, and partially DEFERRED to allow Plaintiffs an opportunity to amend their complaint.

II. Background

A. Procedural History

Charles and Tracy Prickett (“Plaintiffs”), along with four other…

2Cases cited29 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. American Dental Assoc. v. Cigna Corp.Court of Appeals for the Eleventh Circuit · 2010
  5. Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County CommissionCourt of Appeals for the Eleventh Circuit · 2001

24 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. U.S. Bank National Ass'n v. ShepherdSupreme Court of Alabama · 2015
  2. James v. Nationstar Mortgage, LLCDistrict Court, S.D. Alabama · 2015
  3. Adams v. Bank of America, N.A.District Court, N.D. Alabama · 2017
  4. Deutsche Bank Trust Co. Americas v. GarstDistrict Court, N.D. Alabama · 2013
  5. Sheen v. Wells Fargo Bank, N.A., California Court of Appeal, 5th District2019

14 more not listed; retrieve them via the Exa API.

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