Order — Athens v. Bank of America (Dkt. 78, D.N.H.)

Summary

An order, Opinion No. 2022 DNH 008, in Natasha Athens, d/b/a Favorite Things v. Bank of America, N.A. and Megan Scholz, Case No. 21-cv-748-SM, in the U.S. District Court for the District of New Hampshire, dated January 21, 2022 and filed as Document 78. The court grants the motion to dismiss in part, dismissing the fraud and intentional infliction of emotional distress claims for failure to plead their essential elements. It finds that the plaintiff appears to have submitted conflicting 2019 Schedule C documents for the loan and for forgiveness, and defers ruling on the claimed entitlement to PPP loan forgiveness. The plaintiff must answer the court's questions about those tax documents by February 21, 2022, or the remaining claim will be dismissed. The signature block names United States District Judge Steven J. McAuliffe.

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