adams auto group lawsuit

adams auto group lawsuit

Thats the Adams Auto Group difference. Plaintiffs cite N.C. Gen.Stat. "It's just not a total buyer beware market anymore," the head of the Carolinas Independent Automobile Dealers Association, John Brown, said. Report any scam, fraud, complaint or review on any type of company, individual, service or product here. The undead lay in pieces behind us, and in front of us was the open space of a, Zenless Zone Zero, or the new Genshin Impact game as its also called, is an action RPG set in a post-apocalyptic metropolitan city. Contrary to Plaintiffs' argument, the trial court's order clearly shows it did not dismiss their claims against Capital One based on a lack of privity. Once the largest health department in the state, it became the center of a political storm during the pandemic over mask mandates, leading to a push last year to abandon it. This Court held the fact that a purchaser signed an As IsNo Warranty agreement upon buying a used vehicle is not fatal to his or her claim for a violation of the UDTPA. The lawsuit, obtained by CBS4 Thursday afternoon, details repeated sexual assaults on a teenage student by one of her teachers in a line of events leading to the death of Adams County Deputy Heath . Bluetooth, Moonroof, Leather Seats and more! The complaint must be liberally construed, and the court should not dismiss the complaint unless it appears beyond a doubt that the plaintiff could not prove any set of facts to support his claim which would entitle him to relief. Court of Appeal (N.C.) Says Auto Finance Co. Who Sold Author:www.severson.com Evaluate4 (33125 Ratings) Top rated:4 Lowest rating:2 Summary: Articles about Court of Appeal (N.C.) Says Auto Finance Co. Here, the trial court determined [t]here is no direct reliance on any misrepresentations of Defendant Capital One[.]. "He gave me a clean Carfax, so I didn't think any problems were with the car," she told Action 9 investigator Jason Stoogenke. She bought it, but, a few months later, says she noticed paint coming off. Home; Our Inventory. Service hours: 9:00am to 2:00pm. 737, 745, 600 S.E.2d 492, 49899 (2004) (citation omitted). Counsel for Adams stated he was aware of this fact, as evidenced by a document entitled Buyer's Guide, acquired during the discovery phase of the original complaint. Author: www.severson.com. at 244, 423 S.E.2d at 506. Dismissal is warranted (1) when the face of the complaint reveals that no law supports plaintiffs' claim; (2) when the face of the complaint reveals that some fact essential to plaintiffs' claim is missing; or (3) when some fact disclosed in the complaint defeats plaintiffs' claim. Walker v. Sloan, 137 N.C.App. The trial judge asked Adams' attorney whether he knew this to be a fact. They accuse Adams Auto Group of deceptive practices. Capital One sold the vehicle to Adams at an Automotive Dealer Exchange Services of America (ADESA) auction in Charlotte, North Carolina on 20 September 2012. Counsel for Plaintiffs announced they were abandoning this issue during oral argument. Text Us. Our local dealership keeps a great stock of used cars, trucks, and SUVs in inventory. Match the search results: Gainesville, FL Personal Injury AttorneysTampa Personal Injury AttorneysLorenzo & Lorenzo (Tampa, Florida)Finderson Law (Fort Wayne, Indiana)Wilder Pantazis Law Group (Charlotte, North Carolina)Brown Trial Firm (Waco, Texas)The Babcock Law Firm (Denver, Colorado)Gerber & Holder Law (. All rights reserved. Summary: Articles about Nevada Lemon Laws | Adam S. Kutner, Injury Attorneys If your car manufacturer has a system set up for complaints, you first have to go through that program before you file your case in court. We serve all the surrounding areas including Rock Hill, Gastonia, Indian Trail, Pineville, Monroe, Fort Mill, and Concord. 2. Menu At Adams Jeep of Maryland, we are dedicated to our customers, and our laser-like focus on service has garnered us several awards. N.C. Gen.Stat. 0 latest reports found. 1400 E Boulevard Road. Were here to help with any automotive needs you may have. Used Car Dealership Charlotte NC | Adams Auto Group Inventory Search The perfect car, truck, or SUV is waiting for you in our inventory. Action 9: Multiple customers accuse car dealer of failing to disclose damage Action 9: Multiple customers accuse car dealer of failing to disclose damage. On a motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, the standard of review is whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory. They are withholding over $1,000 that was supposed to be refunded to us almost a month ago for a car that we were supposed to . 751.1. Plaintiffs complaint, regarding all factual allegations as true, sufficiently alleged a claim for unfair and deceptive trade practices against Adams to survive dismissal. Hours Unavailable. With competitive prices offered on every pre-ow, Video tutorials about adams auto group lawsuit, Your email address will not be published. The car is great and Adam's auto Group has the greatest customer service. Plaintiffs also argue Adams had a duty to disclose the vehicle's true condition and to inspect the vehicle. Their lawsuits say Adams . One of those customers, Monica Cotton, bought a 2010 Honda Accord at Adams. Be the first to review! (Photo by Obi Onyeador via Unsplash), Summary: Articles about Bob Adams sues DOT, wants to sell cars again | News The former owner of Adams Motor Company whose dealerships fell into financial ruin and who pleaded guilty last year to fraudulent sales. Let's Verify Adams Auto Group. ", Another customer's suit claims his vehicle "sustained wreck damage" before he bought it, that the damage was "significant," that the damage impacted the seat belt and airbags, and that a different dealership even told him not to drive the vehicle "due to safety concerns.". Patrick, our car salesman helped us find a vehicle on his computer. Whether it's F&I, training, modern retail solutions, fixed operations, talent, or just about anything else you can think of, our team of 700+ associates nationwide is here for you and hyper-focused on your success. Plaintiffs argue the trial court erred by dismissing their tortious breach of contract claim against Adams. Please feel free to get in contact! Shop 1122 vehicles for sale starting at $3,995 from Adams Auto Group Inc., a trusted dealership in Charlotte, NC. [T]he trial court regards all factual allegations of the complaint as true. 552, 554, 459 S.E.2d 67, 69; disc. Co., 316 N.C. 461, 47071, 343 S.E.2d 174, 180 (1986) (holding plaintiff must only show defendant's actions or statements had the capacity or tendency to deceive and that plaintiff suffered actual injury as a proximate result of defendant's statements). In order to prevail in a Chapter 75 claim, a plaintiff must show: (1) an unfair or deceptive act or practice, (2) in or affecting commerce, (3) which proximately caused actual injury to plaintiff or to his business. This agreement stated, in part: You will pay all costs for any repairs. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. Firstly and most importantly, we are completely transparent throughout the entire process. Well guide you through the process. Used Cars; New Cars . In Ace, Inc. v. Maynard, 108 N.C.App. Skip to content. Jun 08 . It shows the car had "structural damage" before she bought it. $60. Adams South Charlotte. Kelly is injured in the car accident and decides to sue Adam. , , 752 S.E.2d 661, 66364 (2013) (citation omitted). (69 reviews) 13901 S Cicero Ave Crestwood, IL 60445. The vehicle was involved in a collision in June 2012. Retrieved 15 October 2019 from https://www.bbb.org/us/Storage/16/Documents/BBBAutoLine/NV-LLsummary.pdf[5] NRS 597.680[6] NRS 597.650, Summary: Articles about Exotic cars vanish from Excell Auto Group in Boca Raton WPTV Two lawsuits have been filed against the company, which has filed for Chapter 7 bankruptcy. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. So I read its legal responses to the lawsuits. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. Whether a trade practice is unfair or deceptive usually depends upon the facts of each case and the impact the practice has in the marketplace. Marshall v. Miller, 302 N.C. 539, 548, 276 S.E.2d 397, 403 (1981) (citations omitted). Invited error has been defined as: a legal error that is not a cause for complaint because the error occurred through the fault of the party now complaining. The evidentiary scholars have provided similar definitions; e.g., the party who induces an error can't take advantage of it on appeal, [sic] or more colloquially, you can't complain about a result you caused.. Here, Plaintiffs' claim for unfair and deceptive practices is based on Adams' alleged misrepresentation of the condition of the vehicle after purchasing it at auction, where it was announced prior to Adams' purchase that the vehicle had frame damage. review denied, 341 N.C. 424, 461 S .E.2d 768 (1995). Match the search results: The group alleges in the lawsuit, filed in Washington, that the agencys inaction has allowed Mr. Trump to have an advantage as a candidate without a formal campaign committee. Any positive reviews previously submitted about Adams Auto Group will appear here. So Frederick. Previous article Watch: . at 556, 459 S.E.2d at 70. Adams Automotive Group is the largest and fastest growing independent automotive group in the Carolinas. Two lawsuits have been filed against the company, which has filed for Chapter 7 bankruptcy. Catawba County, No. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 21% OFF. Their lawsuits say Adams didn't tell them the. 2071.4, a misdemeanor criminal statute, imposed a duty on Capital One to disclose certain information, the plain language of the statute requires, and limits, any disclosure to be made to the transferee. Id. In fact, Cotton's lawsuit claims Adams even gave her a disclosure document saying her car had not been damaged in a wreck. at Piper Glen LLC, 150 N.C.App. Credit Application; Payment Calculator; Services. The lawsuit accuses Kenneth Wayne Adams of Strongsville and Vartan Alexander of Twinsburg, owners of Michael Ray Auto Group, of violating Ohio's Consumer Sales Practices Act and Certificate of Motor Vehicle Title Act. Match the search results: Dozier Miller Law Group has vast experience representing automobile dealerships on a variety of civil litigation matters. Get Directions. Plaintiffs brought the vehicle to Hendrick Honda for repairs, where it was discovered a motor mount and an antilock braking system (ABS) modulator valve were broken. Our Inventory; Weekly Specials; The rating is based on a complex formula comprised of many different factors such as the type of business, length of time in business, licensing compliance, complaint history, and our overall experience with a company's industry in general. Plaintiff: ERNEST HUPMAN. Plaintiffs purchased the vehicle with a written and signed As IsNo Warranty agreement as a part of the sales contract. Summary: Articles about Blaise Alexander Family Dealerships | New Kia, Dodge, Jeep Blaise Alexander Family Dealerships sells and services Kia, Dodge, Jeep, Subaru, Buick, Chevrolet, Mazda, Chrysler, Toyota, FIAT, Ford, GMC, Hyundai, Ram, Match the search results: Speaking of new Kia, Dodge, Jeep, Subaru, Buick, Chevrolet, Mazda, Chrysler, Toyota, FIAT, Ford, GMC, Hyundai, Ram, Nissan models, you have your pick of our showroom. Author: H Baku. Browns Automotive Group 108 Greystone Blvd Columbia, SC 29210. Class action lawsuits were filed in Nevada against 10 major auto insurance companies, . Plaintiffs' amended complaint, treating all factual allegations contained therein as true, sufficiently alleged a claim against defendant Adams for a violation of the UDTPA to survive Adams' motion to dismiss. NPHBA assumes no liability for accuracy of this information. 2, Report #1518932 . Plaintiffs did not purchase the vehicle from Capital One at auction. Click here and find all latest Ripoff Reports. "The rule of thumb is disclose, disclose, disclose.". 407 Old Colony Rd. Holleman v. Aiken, 193 N.C.App. 2071.4 in support of their argument that Capital One owed a duty to Plaintiffs, the ultimate consumers, to disclose the collision and damage. The trial court entered an order allowing both Defendants' motions to dismiss, and dismissed all of Plaintiffs' claims with prejudice. denied, 280 N.C. 305, 186 S.E.2d 178 (1972); see also Cambridge Idioms Dictionary 39596 (2nd ed. is it easier for athletes to get into college. 150, 154, 564 S.E.2d 248, 251 (2002) (emphasis supplied) (citation omitted). Summary: Articles about Court of Appeal (N.C.) Says Auto Finance Co. Who Sold Plaintiffs purchased a used 2010 Honda Civic automobile (the vehicle) from defendant, Adams Auto Group (Adams) on 18 January 2013. with handicap accessible vans as well as mobility scooters and multiple power chairs. "It's upsetting. Adams North Charlotte. Our central location in the community couldn't be more convenient: we're right off Route 20, making us an easy drive from towns like Pocatello, Idaho Falls and Ammon. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. "It was a big slap in the face," she said. Get approved for the financing you need in just a few minutes. . Orr Kia of Bossier. Adams Auto Group Not rated (11 reviews) 1400 E Boulevard St Kokomo, IN 46902 (765) 868-2343 Reviews Not rated (11 reviews) A dealership's rating is based on all of their reviews, with more weight. FAX: (980) 269-8755 *Limited Time* COVID-19 PRICING, PLUS CERTIFICATION WITH NATIONWIDE WARRANTY AT NO CHARGE FOR CUSTOMERS ON ALL ELIGIBLE INVENTORY. has Not completed the requirements for certification from NPHBA If you need legal representation, Adams Law is standing by. 751.1 (2013) must allege: (1) the defendant committed an unfair or deceptive act or practice, (2) the action in question was in or affecting commerce, and (3) the act proximately caused injury to the plaintiff. Capital Resources, LLC v. Chelda, Inc., 223 N.C.App. at 414, 477 S.E.2d at 89. At Adams Auto Group, our goal is to take the stress out of buying a car, and there are a few ways that we can do that. You must be served with a Summons and a copy of whatever Complaint or Petition that was filed against you. Welcome To Adams Auto Group Over the past 25 years Adams Auto Group has grown to offer not only quality pre-owned vehicles but also, a full service department including tire sales, and a mobility department that offers lift chairs, power scooters, and mobility vans. Answer. 3 Days of Parking Wildlife Safari 1790 Safari Rd., Winston 4.8 33660 Ratings Regular price $17.95 . The vehicle was previously owned by the Freemans, who are not a party to this action. OKLAHOMA CITY - The family of a man who died in a group home in Oklahoma City was awarded an $8 million verdict on Monday by an Oklahoma County jury. Adams Auto Group is has Not verified their information with the NPHBA and they have not pledged to maintain the customer satisfaction and standards suggested by the National Professional Home Builder Association It may be safer to choose a member who has had their business and license information verified by a third party. This Court held the plaintiff failed to establish essential facts to his claims by virtue of the written and signed as is sales agreement: [B]ecause [plaintiff] effectively agreed when he signed the Purchase Agreement that defendants made no representations whatsoever with regard to the plane, plaintiff is unable to establish the making of a false representation. Our Full Service Department is equipped and knowledgeable to service all makes and models with highly skilled A.S.E. Locations. (adsbygoogle = window.adsbygoogle || []).push({}); You are looking for information, articles, knowledge about the topic adams auto group lawsuit on Google, you do not find the information you need! Plaintiffs allegedly first learned the vehicle had previously sustained frame damage through an AutoCheck report at this time. Erie County sheriff's deputy fights back with lawsuit. 424: July 5, 1984 : 468 CONSULTING GROUP, LLC vs. AGRITECH, INC. Noom autorenewal and cancellation policy $56M class action settlement. Class action lawsuits were filed in Nevada against 10 major auto insurance companies this week, contending that the companies charged excessive insurance premiums during the pandemic by failing to . Defendants' motions to dismiss were heard on 16 March 2015. Stay up-to-date with how the law affects your life. We have a huge inventory of vehicles from all your favorite brands including Acura, Audi, BMW, Cadillac, Chevrolet, Chrysler, Dodge, Ford, Honda, Infiniti, Jaguar, Jeep, Le, Summary: Articles about Dozier Miller attorney wins lawsuit for local auto dealership After a three-day trial, Dozier Miller attorney Adam Hocutt was successful in winning a complete defense verdict for a local automobile. The trial court properly considered the As IsNo Warranty agreement in connection with the motion to dismiss as part of the pleadings. Eglet Adams has obtained more multimillion-dollar verdicts than any other catastrophic injury firm in Nevada. About Adams Auto Group in Charlotte NC Home About Us Meet our Team of Automotive Specialists At Adams Auto Group, our goal is to take the stress out of buying a car, and there are a few ways that we can do that. National Professional Home Builder Association, Address: It is a violation of the UDTPA for an employee of an auto dealership to make a statement to a customer leading the customer to believe the vehicle has not been involved in a collision, when the employee knows this to be untrue. 1. Two Sons Auto Group 24/7. Nowhere in the order did the trial court conclude privity of contract was required for Plaintiffs to sufficiently allege claims for fraud or violation of the UDTPA. The trial court properly dismissed Plaintiffs' claims of fraud and violation of UDTPA against Capital One. I was excited about it and I was let down," she said. Contact Information. Buy. The Freemans had financed their purchase of the vehicle through defendant, Capital One. at 250, 423 S.E.2d at 510 (emphasis in original) (citation omitted). Complaint History & Business Rating for Adams Auto Group 4601 Carlisle Pike, Mechanicsburg, Pennsylvania, 17050, United States. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Local auto dealerships owned by William B. . Plaintiffs alleged claims against Adams for: (1) fraud; (2) tortious breach of contract; (3) civil conspiracy; (4) unfair and deceptive trade practices, pursuant to N.C. Gen.Stat. The trial court made the following pertinent conclusions of law in its order: 1. Quality of cars is also important, and thats why Adams Auto Group provides the largest selection of handpicked used vehicles in the Charlotte area. Match the search results: Plaintiffs purchased a used 2010 Honda Civic automobile (the vehicle) from defendant, Adams Auto Group (Adams) on 18 January 2013. View it on map. Court: Eleventh Circuit Florida US District Court for the Northern District of Florida. An auto dealer's failure to conduct a simple visual inspection of the car once a dealer knows of its involvement in an accident may also subject the dealer to liability under the UDTPA under certain circumstances. Huff, 124 N.C.App. This status can change at any time, if you have any concerns, please ask for a copy of their most recent business license. We disagree. The guitar co claims that, "Instead of supplying the product or returning Gibson's money, Tronical retaliated by filing its own lawsuit in Germany and is attempting to avoid appearing in the United States to address . Kelly is injured in the car accident and decides to sue Adam. We finance Good credit, Bad credit, No credit and Bankruptcies. This Court conducts a de novo review of the pleadings to determine their legal sufficiency and to determine whether the trial court's ruling on the motion to dismiss was correct. Podrebarac v. Horack, Talley, Pharr, & Lowndes, P.A., N.C.App. 71, 79, 185 S.E.2d 278, 283 (1971), cert. (citations omitted). We're here to help with any automotive needs you may have. Specialties: Licensed and bonded Wholesale Car Dealer to the public. 387, 392, 529 S.E.2d 236, 241 (2000) (citation and internal quotation marks omitted). Plaintiffs have also failed to sufficiently allege Capital One owed any legal duty directly to Plaintiffs. Summary: Articles about American Bridge Sues the F.E.C. North Carolina law says if the vehicle is up to 5 years old and has been in a wreck and the repairs would cost more than 25 percent of the vehicle's value, the seller must disclose the damage to the buyer. Nazbol Political Compass, We also price our vehicles at wholesale prices. The trial court allowed Adams' motion to dismiss for the following reasons: (1) there was no direct reliance on any misrepresentations made by Adams; (2) Adams and Capital One did not enter into an agreement to commit any wrongful overt acts to injure future purchasers of the vehicle; (3) Plaintiffs could not assert a UDTPA violation based on Adams' purported refusal to redress Plaintiffs' alleged grievances[;] and (4) Plaintiffs' complaint fail[ed] to appropriately allege a duty owed by Adams. Speak with one of our professional staff members to get a quick answer to your question. The Ones for Justice found 45 complaints filed against Fenton Hyundai with the Texas DMV. Fsu Sorority Reputations, Skip to content. Heard in the Court of Appeals 3 . Custom solutions with experts in your corner. 6027 North Tryon Street. Let us help you find your next vehicle in Charlotte. Welcome to Adams Auto Group in Charlotte NC. Plaintiffs also argue the trial court erred by concluding Capital One did not owe a duty to Plaintiffs. You are looking for information, articles, knowledge about the topic adams auto group lawsuit on Google, you do not find the information you need! By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. Adams Auto Group Inc - Kannapolis 2 (704) 273-1072 About Dealer Vehicle Inventory Used (50) Price Range Exterior Color Interior Color Features Listing Features Price Rating 1-25 of 50 Results Newly Listed Used 2017 Chevrolet Spark LS 9,995 108,624 miles 30 City / 38 Highway Adams Auto Group Inc - Kannapolis 2 (1.59 mi. 1 review. South Hackensack NJ 7606. That's the car I wanted. Plaintiffs averred Capital One had failed to disclose the condition of the vehicle prior to selling it to Adams at auction. Our team of dedicated attorneys and support staff are here to help you, providing personalized service, and guiding you through every step of the legal process. Counsel for Plaintiffs initially informed the trial judge Plaintiffs had purchased the car as is. Any error committed by the trial court in considering this document was invited error by Plaintiffs. The required scienter for fraud is not present without both knowledge and an intent to deceive, manipulate, or defraud. RD & J Properties v. LauraleaDilton Enterprises, LLC, 165 N.C.App. Cotton's the fifth customer to take Adams to court since 2013, claiming Adams failed to disclose damage to them. Call Us: (816) 321-2191 Call Us: (913) 428-6296. Norton, MA . Please feel free to get in contact! Plaintiffs contend the trial court erroneously concluded privity was required for Plaintiffs to have any viable claims against Capital One. Charlotte Auto Group, Inc. Used Car Dealers in Norton, MA. 05/05/2021. Welcome To Adams Auto Group Over the past 25 years Adams Auto Group has grown to offer not only quality pre-owned vehicles but also, a full service department including tire sales, and a mobility department that offers lift chairs, power scooters, and mobility vans. We are also honored to have received the Customer First Award for Excellence in 2016, 2017, 2018 . D. Consideration of a Document Outside the Pleadings. Love Automotive 1255 Knox Abbott Dr Cayce, SC 29033. Business Profile Adam's Auto Group, Inc Used Car Dealers Multi Location Business Find locations Contact Information 501 10th Ave Paterson, NJ 07514-1435 Visit Website (973) 345-9676 This. Need to file a complaint? LAS VEGAS (AP) Class action lawsuits were filed in Nevada against 10 major auto insurance companies on Tuesday, contending that the companies charged excessive insurance premiums during the . Cotton insists Adams never did disclose that. "I feel cheated.". Visit Adam Auto Group. adams auto group lawsuit. I promise thorough, thoughtful preparation and fearless, compassionate advocacy. Plaintiffs argue the trial court erred by dismissing their claims against Adams. Capital One did not answer Plaintiffs' complaint. An Alaska Native cultural organization and the luxury department store Nieman Marcus have settled a lawsuit over the sale of a coat with a copyrighted, geometric design borrowed from Indigenous . ADAMS AUTO GROUP - 18 Photos & 116 Reviews - 6027 N Tryon St, Charlotte, NC - Yelp Restaurants Home Services Auto Services Adams Auto Group 116 reviews Claimed Car Dealers, Used Car Dealers Edit Open 9:00 AM - 7:00 PM Hours updated over 3 months ago See hours Write a review Add photo Save Photos & videos See all 18 photos Add photo It was announced during the auction, and prior to sale, that the vehicle had sustained frame damage. A group of African-American Youngstown voters filed a federal lawsuit seeking to invalidate the results of the primaries for the 6th Congressional District and any . Summary: Articles about Out-of-State Car Accidents: Where to File Your Lawsuit? If no positive reviews are shown, then no reviews are currently on file. Over Trumps 2024 Hinting American Bridge claims in a lawsuit that the F.E.C.s inaction has given Democratic Group Sues the Federal Election Commission Over. 241 were here. Speak With a Dallas Product Liability Lawyer For Free. 6027 N Tryon St., Charlotte, NC 28213. 1332 Diversity-Product Liability. For auto dealer group in consumer fraud class action; . lead counsel for the law firm Eglet Adams, which filed the lawsuits. Information provided about the background and services of this company are offered as a courtesy only and the information has not been verified. 6501 South Blvd. 11 reviews of Adams Auto Group "I am absolutely satisfied with my purchase. The sales contract for the vehicle, including the Buyer's Guide As IsNo Warranty agreement, was expressly incorporated by reference in Plaintiffs' complaint.

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