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Socci v. JPMorgan Chase & Co.

Inmate's Fiduciary Duty Breach, Negligence Claims Dismissed in Suit Over Stolen Funds

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MEMORANDUM AND ORDERINTRODUCTION Plaintiff Stephen Socci (“Plaintiff”) brought this action against Defendant JPMorgan Chase Bank, N.A., improperly named JP Morgan Chase & Co. (“Defendant”), in state court to recover compensatory and punitive damages for Defendant’s alleged breach of contract, breach of fiduciary duties, and negligence in allowing the wrongful withdrawal of approximately $350,000.00 from Plaintiff’s account. Defendant removed this action to Federal Court, and then brought the instant motion to dismiss pursuant to Fed. R. Civ. P. (“Rule”) 12(b)(6) for failure to state a claim, and Rule 12(b)(7) for failure to join required parties. For the reasons discussed below, the motion to dismiss is granted in part and denied in part.BACKGROUNDThe following relevant facts come from the Verified Complaint (“Complaint”) and are assumed true for purposes of this motion.Plaintiff was an inmate in a New York State correctional facility from approximately 2007 to January 2017. (Compl. [DE 7-1] 3.) During this time, Plaintiff maintained several bank accounts with Defendant. (Id. 4.) In 2015 and 2016, other inmates and their accomplices withdrew and stole over $350,000.00 from Plaintiff’s accounts without his authority or consent. (Id.

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