Bank of America, N.A. v. New England Quality Service, Inc. et al, No. 5:2016cv00083 - Document 53 (D. Vt. 2017)

Court Description: OPINION AND ORDER: GRANTING in part and DENYING in part 7 MOTION to Dismiss 6 COUNTERCLAIM for Failure to State a Claim. The portion of Defendants' breach-of-good-faith-and-fair-dealing claim (Count II) alleging that Bank of America had an i mproper ulterior motive when it cross-defaulted all of Defendants' loans is DISMISSED as duplicative of Defendants' breach-of-contract claim. Count III is DISMISSED in its entirety. Defendants' punitive-damages claim is DISMISSED. The 7 MOTION to Dismiss is DENIED in all other respects. Bank of America's 7 MOTION to Strike Defendants' 6 Demand for a Jury Trial is DENIED. Signed by Judge Geoffrey W. Crawford on 1/4/2017. (pjl)