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Cannon v. Wells Fargo Bank, N.A.

United States District Court, D. Columbia.

October 25, 2013

ANDREA CANNON, on behalf of herself and all others similarly situated, Plaintiff,
v.
WELLS FARGO BANK, N.A., et al., Defendants

For ANDREA CANNON, on behalf of herself and all others similarly situated, Plaintiff: Harry T. Spikes, Washington, DC.

For WELLS FARGO BANK, N.A., WELLS FARGO INSURANCE, INC., Defendants: Russell J. Pope, LEAD ATTORNEY, TREANOR, POPE & HUGHES, P.A., Towson, MD.

For QBE SPECIALTY INSURANCE CO., STERLING NATIONAL INSURANCE AGENCY, INC., Now Known As QBE FIRST INSURANCE AGENCY, INC., Defendants: Jennifer A. Slagle-Peck, Robyn Cort Quattrone, BUCKLEY SANDLER, LLP, Washington, DC.

OPINION

Page 30

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE.

Plaintiff Andrea Cannon filed a putative class action suit against Defendants Wells Fargo Bank, N.A. and Wells Fargo Insurance, Inc., (collectively the " Wells Fargo Defendants" ), as well as QBE Specialty Insurance Co. and Sterling National Insurance Agency, Inc., now known as QBE First Insurance Agency, Inc. (" QBE First" ), in the Superior Court for the District of Columbia. The Defendants removed the action to this Court and upon the Defendants' respective motions to dismiss, dismissed all claims except for portions of the Plaintiff's breach of contract claim against the Wells Fargo Defendants. On March 19, 2013, the Plaintiff filed a Motion for Leave to File an Amended Complaint. On July 1, 2013, the Court issued an Order granting in part and denying in part the Plaintiff's Motion. The Order denied the Plaintiff leave to file an amended complaint to include claims of unjust enrichment, negligence, and fraud, but granted the Plaintiff leave to file an

Page 31

amended complaint " revising the breach of contract allegations as set forth in the proposed amended complaint, and including allegations of fraudulent concealment only to establish the breach of contract claim(s) relating to the Additional Named Insured Certificate are timely." Subsequently, the Plaintiff filed a revised amended complaint, entitled " Third Amended Complaint," ECF No. [47] on September 19, 2013.

Presently before the Court is Defendant Wells Fargo Bank's Motion to Strike the Plaintiff's Third Amended Complaint, ECF No. [48]. Defendant QBE First Insurance Agency treated the Plaintiff's Third Amended Complaint as a Motion for Leave to File a Third Amended Complaint and filed a Response in Opposition to the Plaintiff's Motion for Leave to File, ECF No. [50]. The Court considered both documents, along with the Plaintiff's opposition memoranda and sur-reply, ECF Nos. [49, 52, 54], in evaluating the Motion to Strike the Plaintiff's Third Amended Complaint. Based on the pleadings, the Court GRANTS the Defendants' Motion to Strike as to the Plaintiff's fraudulent concealment counts, but otherwise DENIES the Defendants' Motion to Strike.

I. DISCUSSION

A. Breach of Contract Claim

Defendants argue that the Plaintiff's Third Amended Complaint fails to comply with the Court's July 1, 2013, Order because the Plaintiff " added several new allegations of fact and claims for liability under the breach of contract claim." The Court's July 1, 2013, Order granted the Plaintiff leave to " revis[e] the breach of contract allegations as set forth in the proposed amended complaint." Although the Plaintiff added to her Third Amended Complaint several factual allegations that were not included in her proposed amended complaint, Federal Rule of Civil Procedure 15 allows a plaintiff to freely amend his or her complaint Fed.R.Civ.P. 15(a)(2). Moreover, the Defendant alleges no ...


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