Citation Codes Equivalent Citations citation codes Docket Number CIVIL NO 3:10cv00024. Motions Motion to dismiss : Granted See more information ... Smart Summary Please sign up to generate summary. DONALD R. SCOTT, ET AL., Plaintiffs, v. GMAC MORTGAGE, LLC, Defendant. ORDER NORMAN MOON, District Judge For the reasons stated in the accompanying Memorandum Opinion, Defendant's Motion to Dismiss (docket no. 6) is GRANTED as to Plaintiffs' constructive fraud claim, and DENIED as to Plaintiffs' actual fraud claim. The Clerk of the Court is directed to send a certified copy of this memorandum opinion and the accompanying order to all counsel of record.