Memorandum Opinion and Order

Pending are the motions of Defendant MortgageStar, Inc. (MortgageStar) for partial dismissal or, alternatively, for partial summary judgment and Fairbanks Capital Corp. (Fairbanks) to dismiss.  For reasons discussed below, MortgageStar’s motions are GRANTED in part and DENIED in part; Fairbanks’ motion is DENIED.