Loney v. Moynihan, et al

MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

E.D.N.C.August 8, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA No. 7:16-CV-00287-FL JOYCE LONEY, Plaintiff, v. BRIAN MOYNIHAN AND BANK OF AMERICA, N.A. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) MOTION TO DISMISS MOTION TO DISMISS Defendants Bank of America, N.A. (“Bank of America”) and Brian Moynihan move pursuant to Rule 12(b)(6), Fed. R. Civ. P., for dismissal with prejudice of all claims in Plaintiff’s Complaint. The reasons supporting this motion are set out in the supporting memorandum being filed with this motion. This the 8th day of August, 2016. BY: /s/ Matthew J. Morrison Matthew J. Morrison N.C. State Bar No. 38382 MCGUIREWOODS LLP 201 North Tryon Street, Suite 3000 Charlotte, North Carolina 28202 Telephone: (704) 343 2000 Facsimile: (704) 343 2300 Email: mmorrison@mcguirewoods.com Attorneys for Defendant Bank of America N.A. and Brian Moynihan Case 7:16-cv-00287-FL Document 9 Filed 08/08/16 Page 1 of 2 CERTIFICATE OF SERVICE This is to certify that, on this day, the foregoing has been served by electronic filing through the Court’s CM/ECF system, and by regular mail to the plaintiff in this action addressed as follows: Joyce Loney 4956 Long Beach Road, SE STE 14, PMB 363 Southport, NC 28461 Date: August 8, 2016 /s/ Matthew J. Morrison Case 7:16-cv-00287-FL Document 9 Filed 08/08/16 Page 2 of 2