Shap v. Capital One Fin. Corp.

CYNTHIA M. RUFE

AND NOW, this 30th day of March 2012, upon consideration of Defendants' Motion to Dismiss the Complaint (Doc. Nos. 4, 5), Plaintiff's response thereto (Doc. No. 7), and Defendants' Reply (Doc. No. 14), and for the reasons stated in the Opinion filed this day, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part as follows:

1. The Motion is GRANTED with respect to Count Two and Count Two is DISMISSED;

2. The Motion is DENIED in all other respects.

Defendants shall file an answer to the Complaint within twenty-one (21) days of the date of this Order.

It is so ORDERED.

BY THE COURT:

HON. CYNTHIA M. RUFE