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GOULD v. M & I MARSHALL & ISLEY BANK

No. CV11-1299-PHX-DGC.

860 F.Supp.2d 985 (2012)

Michael GOULD and Lisa Funk, Plaintiffs, v. M & I MARSHALL & ISLEY BANK, a national banking association, Defendant.

United States District Court, D. Arizona.

March 12, 2012.

Attorney(s) appearing for the Case

Kevin Fallon McCarthy , McCarthy Law PLC, Phoenix, AZ, for Plaintiffs.

Laura Elizabeth Sixkiller , Laura Nelson Hale , Greenberg Traurig LLP, Phoenix, AZ, Maria L. Kreiter , Godfrey & Kahn SC, Milwaukee, WI, for Defendant.

ORDER

DAVID G. CAMPBELL, District Judge.

Defendant BMO Harris Bank, N.A., successor by merger to M & I Bank, moves to dismiss Plaintiffs Michael Gould and Lisa Funk's second amended complaint for failure to state a claim pursuant to Rule 12(b)(6). Doc. 29. Plaintiffs have responded, and Defendant has replied. Docs. 35,41. For the reasons that follow, the Court will grant the motion.1

I. Background.

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