Motion to Dismiss — Natasha Athens d/b/a Favorite Things v. Bank of America and Megan Scholz (Document 33)

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A motion to dismiss filed November 9, 2021 as Document 33 by defendants Bank of America, N.A. and Megan Scholz in Natasha Athens d/b/a Favorite Things v. Bank of America and Megan Scholz, Civil Action No. 1:21-cv-00748-SM, in the U.S. District Court for the District of New Hampshire. It asks the court to dismiss the September 3, 2021 complaint under Federal Rules of Civil Procedure 12(b)(6) and 9(b) for failure to state a cognizable claim for relief and failure to allege fraud with particularity. The motion refers to an accompanying memorandum of law filed under Local Rule 7.1(a)(2) and states that no concurrence is needed given the dispositive relief sought. It is signed /s/ Thomas J. Pappas of Primmer Piper Eggleston & Cramer PC.

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            Case 1:21-cv-00748-SM Document 33 Filed 11/09/21 Page 1 of 2




                              UNITED STATES DISTRICT COURT
                               DISTRICT OF NEW HAMPSHIRE

                                                     )
    NATASHA ATHENS d/b/a Favorite Things,            )
                                                     )
          Plaintiff,                                 )
                                                     )
    v.                                               )   Civil Action No. 1:21-cv-00748-SM
                                                     )
    BANK OF AMERICA and MEGAN SCHOLZ,                )
                                                     )
          Defendants.                                )
                                                     )

            DEFENDANTS BANK OF AMERICA, N.A. AND MEGAN SCHOLZ’S
                            MOTION TO DISMISS

         NOW COME defendants Bank of America, N.A.1 and Megan Scholz (“Defendants”), by

and through their attorneys, Primmer Piper Eggleston & Cramer PC, and, pursuant to Federal Rules

of Civil Procedure 12(b)(6) and 9(b), hereby respectfully request that this Court dismiss the

September 3, 2021 Complaint of Plaintiff Natasha Athens d/b/a Favorite Things (“Plaintiff”) as

against Defendants for failure to state a cognizable claim for relief and for failure to allege fraud

with particularity. Support for this motion is more fully set forth in Defendants’ accompanying

memorandum of law, filed contemporaneously herewith in accordance with Local Rule 7.1(a)(2).

Given the dispositive nature of the relief sought herein, no concurrence from the opposing party is

necessary. L.R. 7.1(c).




1
    Incorrectly named in Plaintiff’s Complaint as “Bank of America.”

                                                 1
            Case 1:21-cv-00748-SM Document 33 Filed 11/09/21 Page 2 of 2




                                    Respectfully submitted,

                                    BANK OF AMERICA, N.A. and MEGAN SCHOLZ

                                    By their attorneys,

                                    PRIMMER PIPER EGGLESTON & CRAMER PC


 Dated: November 9, 2021     By:     /s/ Thomas J. Pappas
                                    Thomas J. Pappas, Esq., N.H. Bar No. 4111
                                    P.O. Box 3600
                                    Manchester, NH 03105-3600
                                    (603) 626-3300
                                    tpappas@primmer.com

                               CERTIFICATE OF SERVICE

        I hereby certify that a copy of the foregoing DEFENDANTS BANK OF AMERICA, N.A.

AND MEGAN SCHOLZ’S MOTION TO DISMISS has this day been forwarded via the Court’s

Electronic Case Filing System to:

Natasha Athens
Natasha4NHGov@protonmail.com


Dated: November 9, 2021       By: /s/ Thomas J. Pappas
                                  Thomas J. Pappas, Esq., (N.H. Bar No. 4111)




                                               2
5060335.3


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