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GOULD v. M & I MARSHALL & ISLEY BANK

No. CV11-1299-PHX-DGC.

860 F.Supp.2d 985 (2012)

Michael GOULD and Lisa Funk, Plaintiffs, v. M & I MARSHALL & ISLEY BANK, a national banking association, Defendant.

United States District Court, D. Arizona.

March 12, 2012.

Attorney(s) appearing for the Case

Kevin Fallon McCarthy, McCarthy Law PLC, Phoenix, AZ, for Plaintiffs.

Laura Elizabeth Sixkiller, Laura Nelson Hale, Greenberg Traurig LLP, Phoenix, AZ, Maria L. Kreiter, Godfrey & Kahn SC, Milwaukee, WI, for Defendant.

ORDER

DAVID G. CAMPBELL, District Judge.

Defendant BMO Harris Bank, N.A., successor by merger to M & I Bank, moves to dismiss Plaintiffs Michael Gould and Lisa Funk's second amended complaint for failure to state a claim pursuant to Rule 12(b)(6). Doc. 29. Plaintiffs have responded, and Defendant has replied. Docs. 35,41. For the reasons that follow, the Court will grant the motion.1

I. Background.

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