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C.B. Harris & Co., Inc. v. Wells Fargo & Co.

United States District Court, D. Columbia.

July 6, 2015

C.B. HARRIS & COMPANY, INC., Plaintiff,
v.
WELLS FARGO & COMPANY, And ONE OR MORE JOHN DOES, Defendants

Page 167

For C.B. HARRIS & COMPANY, INC., Plaintiff: Patrice Amandla Sulton , SULTON LAW OFFICES, PLLC, Washington, DC.

For WELLS FARGO & COMPANY, Defendant: Mary Catherine Zinsner, Syed M. Reza, LEAD ATTORNEYS, TROUTMAN SANDERS LLP, Tysons Corner, VA.

Page 168

MEMORANDUM OPINION

Glady Kessler, United States District Judge.

Plaintiff C.B. Harris & Company, Inc. (" Harris" ) brings this action against Wells Fargo Bank, N.A.[1] (" Wells Fargo" ) and one or more John Does, seeking monetary damages for breach of contract. This matter is before the Court on Defendant's Motion to Dismiss (" Motion" ) [Dkt. No. 8-1]. Upon consideration of the Motion, Opposition (" Opp'n" ) [Dkt. No. 9], and Reply (" Reply" ) [Dkt. No. 10], and for the reasons set forth below, the Court concludes that Harris's claim is time-barred by the D.C. Statute of Limitations and thus the Motion shall be granted.

I. Background

A. Factual Background[2]

Harris was started by its president, Cynthia B. Harris (" Ms. Harris" ), and is a District of Columbia corporation that provides government and corporate services, including document conversion, records management, training and development, and project management. In 2001, Ms. Harris hired her cousin, Howard E. Person, Jr. (" Person" ), as Harris's Finance Director. Motion at 1. Person did not have a college degree, had previously been convicted of stealing money from an employer,

Page 169

and had little relevant experience in finance. Reply at 1.

On or about October 20, 2003, Harris opened a factoring account[3] with Commerce Funding Corporation (now Wells Fargo). FAC ¶ 6. The parties agreed upon the terms of the bank services that Wells Fargo would provide and, at an unspecified time, they reduced their oral agreement to writing. FAC ¶ ¶ 7, 8. While Harris does not have a copy of the agreement, Wells Fargo has not disputed the existence of a contract.

Harris contends that the terms of the contract require Wells Fargo to prevent unauthorized persons from accessing Harris's funds. FAC ¶ ¶ 11, 12. Ms. Harris is the only person authorized to withdraw funds from Harris's account. Proof of her identity-- either her ID or signature--is required before any of Harris's funds can be withdrawn from the account. FAC ¶ ¶ 13, 14.

On or about March 19, 2008, Wells Fargo wired $695,892.10 to a SunTrust Bank account controlled by Person. FAC ¶ 19. On or about May 13, 2008, Wells Fargo wired another $319,725.33 to Person's SunTrust Bank account. FAC ¶ 20. Harris contends that ...


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