GORDON v. BANK OF NEW YORK MELLON CORP.

No. 4:12 CV 18.

964 F.Supp.2d 937 (2013)

Gerald P. GORDON and Tahara D. Brown, Plaintiffs, v. BANK OF NEW YORK MELLON CORPORATION, Safeguard Properties, LLC, and John Doe Corporation, Defendants.

United States District Court, N.D. Indiana, Hammond Division at Lafayette.

August 7, 2013.


Attorney(s) appearing for the Case

Carlin Phillips , Phillips Garcia Law, Dartmouth, MA, Robert E. Duff , The Law Office of Robert E. Duff, Lebanon, IN, for Plaintiffs.

Carolyn Clay Hall , Meaghan Klem Haller , Scott R. Leisz , Bingham Greenebaum Doll LLP, Michael J. Blinn , Richard M. Malad , Cohen & Malad LLP, Indianapolis, IN, for Defendants.


OPINION AND ORDER

JAMES T. MOODY, District Judge.

Defendants Bank of New York Mellon Corporation (DE # 27) and Safeguard Properties, LLC (DE # 18) have both moved to dismiss Counts A, B, D, E, and F of plaintiffs Gerald Gordon and Tahara Brown's complaint. For the following reasons, those motions are granted in part and denied in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 22, 2010, plaintiffs purchased property in Newton...

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