Actus, LLC v. Bank of America Corp. et al, No. 2:09-cv-00102 (E.D. Tex. Feb. 10, 2010)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Pending before the court is Defendants Capital One Financial Corporation (“Capital One”), Enable Holdings, Inc. (“Enable Holdings”) , MasterCard International Incorporated (“MasterCard”), Meta Financial Group, Inc. (“ Meta”), M&T Bank Corp. (“M&T”), and Visa Inc.’s (“Visa”) (collectively “Defendants”) Joint Motion to Dismiss Counts I and II of Plaintiff’s Second Amended Complaint under Fed. R. Civ. P. 12(b)(6).1 [Dkt. No.