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LABRIOLA v. BANK OF AMERICA, NATIONAL ASSOCIATION

No. C 12-79 CW.

JOHN ROBERT LABRIOLA, on behalf of himself and those similarly situated, Plaintiff, v. BANK OF AMERICA, NATIONAL ASSOCIATION; MERRILL LYNCH, PIERCE, FENNER & SMITH INCORP.; BANK OF AMERICA CORPORATION; and Does 3-50, inclusive, Defendants.

United States District Court, N.D. California.

May 10, 2012.

Attorney(s) appearing for the Case

John Robert Labriola, on behalf of himself and those similarly situated, Plaintiff, represented by James Andrew Quadra, Quadra & Coll, LLP, William N. Hebert, Calvo Fisher & Jacob LLP & Rebecca Coll, Quadra & Coll, LLP.

Merrill Lynch, Pierce, Fenner & Smith Incorp., Defendant, represented by Michael David Mandel, McGuireWoods LLP.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS OR STRIKE

(Docket No. 9)

CLAUDIA WILKEN, District Judge.

Defendant Merrill Lynch, Pierce, Fenner & Smith, Incorporated moves to dismiss or strike Plaintiff John LaBriola's First Amended Complaint (1AC).1 Plaintiff opposes the motion. Having considered the papers filed by the parties and their oral arguments at the hearing, the Court DENIES Defendant's motion.

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