Apostolidis v. JP Morgan Chase

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Banking

New York Law Journal

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Judge Joseph Bianco

While abroad in 2009, $147,900 was withdrawn from Apostolidis' Chase Bank account absent permission. A police report was filed March 18, 2010. Between then and May 4, 2010, Apostolidis communicated with Chase to resolve the transaction. Bringing suit on Nov. 16, 2011, her Feb. 24, 2012, amended complaint charged JP Morgan Chase and Chase Bank with violating banking statutes. Apostolidis did not respond to a July 2, 2012, order directing explanation why she did not respond to defendants' dismissal motion, as directed by the court's March 5, 2012, order. The court dismissed Apostolidis's federal claims, with prejudice, and declined to exercise supplemental jurisdiction over any potential state law claims. To the extent Apostolidis asserted a claim under the Electronic Fund Transfer Act, such claim was untimely under 15 USC §1693m(g)'s one-year statute of limitations. In finding that Apostolidis failed to sufficiently set forth a basis for equitable tolling the court observed that—even assuming March 18, 2010, was the operative date for the limit period's start—Apostolidis did not present evidence that she acted with reasonable diligence. Nothing prevented her from filing suit within one year after March 2010.

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