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15-15041•Jeremy D. Everidge v. Wells Fargo Bank National Association, et al.
15-15041Court of Appeals for the Eleventh CircuitMay 25, 2016
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-15041
Non-Argument Calendar
________________________
D.C. Docket No. 5:12-cv-00497-LJA
JEREMY D. EVERIDGE,
Plaintiff - Appellant,
versus
WELLS FARGO BANK NATIONAL ASSOCIATION,
in its Individual Capacity and as a Successor by Merger to Wells Fargo Home
Mortgage, Inc.,
FEDERAL NATIONAL MORTGAGE ASSOCIATION,
Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
________________________
(May 25, 2016)
Case: 15-15041 Date Filed: 05/25/2016 Page: 1 of 3
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Before TJOFLAT, WILSON and WILLIAM PRYOR, Circuit Judges.
PER CURIAM:
Jeremy D. Everidge appeals the district court’s dismissal of his various state
law claims against Wells Fargo and the Federal National Mortgage Association
(Fannie Mae). Everidge brought a diversity action in district court against Wells
Fargo and Fannie Mae, alleging, inter alia, fraudulent misrepresentation, breach of
contract, wrongful foreclosure, breach of the implied covenant of good faith and
fair dealing, and intentional infliction of emotional distress. The court granted
summary judgment to Wells Fargo on all of Everidge’s claims against it.
Moreover, after denying Everidge’s requests to amend his complaint to include
additional allegations against Fannie Mae, the court dismissed on the pleadings
Everidge’s claims against Fannie Mae.
On appeal, Everidge argues that the district court erred in granting summary
judgment on his claims that Wells Fargo (1) made fraudulent representations to
him about insurance proceeds and a loan modification contract; (2) breached a loan
modification contract; (3) violated the terms of his security deed; (4) wrongfully
foreclosed his property; (5) failed to exercise good faith and fair dealing in
carrying out its contractual obligations as the servicer of his mortgage loan; and (6)
intentionally inflicted emotional distress on him. Everidge also claims that the
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district court erred by denying his requests to amend his complaint to include
additional allegations against Fannie Mae.
After careful consideration of the record and the parties’ briefs, we find no
reversible error as to any of the issues raised by Everidge. For substantially the
same reasons given by the thorough opinion of the district court, we conclude that
the court properly dismissed all of Everidge’s claims and appropriately denied his
requests to amend his complaint. See Everidge v. Wells Fargo Bank, No. 12-00497
(M.D. Ga. Sept. 29, 2015).
AFFIRMED.
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