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GUNTHER v. CAPITAL ONE, N.A.

No. 09-cv-2966 (ADS)(AKT).

703 F.Supp.2d 264 (2010)

Eric GUNTHER, individually and on behalf of all others similarly situated, Plaintiff, v. CAPITAL ONE, N.A. d/b/a/ Capital One Bank and Capital One Financial Corporation, Defendants.

United States District Court, E.D. New York.

April 8, 2010.

Attorney(s) appearing for the Case

Scott & Scott LLP, by Joseph Guglielmo, Esq., Of Counsel, Whalen & Tusa, P.C., by Paul C. Whalen, Esq., Joseph S. Tusa, Esq., Of Counsel, New York, NY, for plaintiff.

Hunton & Williams LLP, New York, NY, and by Brian V. Otero, Esq., Neil K. Gilman, Esq., Ryan A. Becker, Esq., Of Counsel, Washington, DC, for defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Plaintiff Eric Gunther brings this putative consumer class action on behalf of customers of defendant Capital One, N.A. ("Capital One Bank"), alleging that it and its corporate parent, defendant Capital One Financial Corporation ("Capital One Financial") charged him with improper banking fees. Currently before the Court is Capital One Bank's motion to dismiss part of the claims asserted against it,...

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