Townsley v. Atlantic Union Bank, No. 3:2019cv00849 - Document 44 (E.D. Va. 2020)
Court Description: OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr. on 8/20/2020. (sbea,)
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Townsley v. Atlantic Union Bank Doc. 44 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 1 of 12 PageID# 335 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division GENNIFER TOWNSLEY,et al., individually and on behalf of all others similarly situated, Plaintiffs, Civil Action No. 3:19-cv-849 ATLANTIC UNION BANK, Defendant. OPINION Marty Hinton and Gennifer Townsley have checking accounts with Atlantic Union Bank ("Atlantic Union"). In 2019, Atlantic Union charged Hinton and Townsley overdraft fees("OD fees") because certain transactions overdrew their account balances. Hinton and Townsley have sued Atlantic Union on behalf of themselves and others similarly situated, alleging that the methods by which Atlantic Union processed those transactions breached the parties' contracts. They also contend that Atlantic Union has been unjustly enriched through its business practices. Atlantic Union has moved to dismiss or sever Hinton's claims; to dismiss, or in the alternative, for partial summary judgment as to Townsley's breach ofcontract claim (Count Two); and to dismiss both plaintiffs' unjust enrichment claims(Count Three). The Court held a hearing on the motions on August 13, 2020. As discussed at the hearing and for the reasons set forth below, the Court will grant the motion to sever but will require the parties to conduct joint discovery on the claims; will deny the motion to dismiss as to Count Two; and will grant the motion to dismiss as to Count Three. Dockets.Justia.com Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 2 of 12 PageID# 336 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 3 of 12 PageID# 337 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 4 of 12 PageID# 338 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 5 of 12 PageID# 339 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 6 of 12 PageID# 340 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 7 of 12 PageID# 341 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 8 of 12 PageID# 342 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 9 of 12 PageID# 343 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 10 of 12 PageID# 344 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 11 of 12 PageID# 345 Case 3:19-cv-00849-JAG Document 44 Filed 08/20/20 Page 12 of 12 PageID# 346
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