Kincaid v. Wells Fargo Bank, N.A., et al.

Filing 23

ORDER finding as moot 15 Motion to Dismiss Counts/Claims. Signed by Judge David G Campbell on 5/24/2010.(NVO)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Andrea Kincaid, Plaintiff, vs. Wells Fargo Bank, N.A.; and Federal Home Loan Mortgage Corp., Defendants.

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No. CV-10-579-PHX-DGC ORDER

Plaintiff commenced this action by filing a state court complaint against Defendants on February 17, 2010. Dkt. #1 at 10-20. The case was removed to this Court on March 15, 2010. Id. at 1-5. Defendant Wells Fargo Bank has filed a motion to dismiss counts one through six of the complaint. Dkt. #15. Plaintiff, pursuant to Rule 15(a) of the Federal Rules of Civil Procedure (Dkt. #18), has filed an amended complaint (Dkt. #17). Wells Fargo Bank has filed an answer (Dkt. #22) and a motion to dismiss counts on through four of the amended complaint (Dkt. #21). IT IS THEREFORE ORDERED that Defendant Wells Fargo Bank, N.A.'s motion to dismiss counts one through six of the original complaint (Dkt. #15) is denied as moot.
DATED this 24th day of May, 2010.