McLearn v. Wyndham Resort Development Corp., 3:19-cv-00004. (2020)
Court: District Court, M.D. Tennessee
Number: infdco20200313g04
Visitors: 21
Filed: Mar. 12, 2020
Latest Update: Mar. 12, 2020
Summary: ORDER ELI RICHARDSON , District Judge . Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim and for Attorneys' Fees (Doc. No. 8.) For the reasons stated in the accompanying Memorandum Opinion, Defendants' Motion to Dismiss (Doc. No. 8) is GRANTED. Plaintiff's claims for fraud, fraudulent inducement, fraudulent misrepresentation, misrepresentation by concealment, violation of the Tennessee Timeshare Act, violation of the Tennessee Consumer Protection Ac
Summary: ORDER ELI RICHARDSON , District Judge . Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim and for Attorneys' Fees (Doc. No. 8.) For the reasons stated in the accompanying Memorandum Opinion, Defendants' Motion to Dismiss (Doc. No. 8) is GRANTED. Plaintiff's claims for fraud, fraudulent inducement, fraudulent misrepresentation, misrepresentation by concealment, violation of the Tennessee Timeshare Act, violation of the Tennessee Consumer Protection Act..
More
ORDER
ELI RICHARDSON, District Judge.
Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim and for Attorneys' Fees (Doc. No. 8.) For the reasons stated in the accompanying Memorandum Opinion, Defendants' Motion to Dismiss (Doc. No. 8) is GRANTED.
Plaintiff's claims for fraud, fraudulent inducement, fraudulent misrepresentation, misrepresentation by concealment, violation of the Tennessee Timeshare Act, violation of the Tennessee Consumer Protection Act, negligent misrepresentation, and unjust enrichment are DISMISSED without prejudice to Plaintiffs' ability to seek leave to file an amended Complaint that cures the deficiencies identified herein. Plaintiffs' claims for injunctive relief, unconscionability, and "contract of indefinite duration" are DISMISSED with prejudice.
Defendants' Motion for Attorneys' Fees (Doc. No. 8) is DENIED.
IT IS SO ORDERED.
Source: Leagle
