Gould et al v. M&I Marshall & Ilsley Bank

Filing 12

ORDER finding as moot 5 Motion to Dismiss; granting 11 Motion for Extension of Time Deadline. Signed by Judge David G Campbell on 8/9/2011.(NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Gould; and Lisa Funk,

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Plaintiffs,

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ORDER

vs.

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No. CV11-1299-PHX-DGC

M&I Marshall & Ilsley Bank, a national
banking association,

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Defendant.

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Plaintiffs filed suit against Defendant in state court on May 31, 2011.

The

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complaint purports to assert claims for breach of contract, breach of the implied covenant

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of good faith and fair dealing, fraud, and negligent misrepresentation. Doc. 1-1 at 4-10.

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Defendant removed the case to this Court on the basis of diversity jurisdiction. Doc. 1.

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On July 7, 2011, Defendant filed a motion to dismiss the complaint pursuant to

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Rule 12(b)(6) of the Federal Rules of Civil Procedure. Doc. 5. Plaintiffs, as a matter of

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course, see Fed. R. Civ. P. 15(a)(1)(B), have filed an amended complaint. Doc. 10. The

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motion to dismiss the original complaint therefore will be denied as moot.

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On August 8, 2011, Defendant filed a motion for extension of time to respond to

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Plaintiffs’ first amended complaint (Doc. 11). The motion will be granted. Defendant

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shall answer or otherwise respond to the amended complaint by August 25, 2011. See

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Fed. R. Civ. P. 15(a)(3).

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IT IS ORDERED:
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The motion to dismiss the original complaint (Doc. 5) is denied as moot.

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The motion for extension of time to respond (Doc. 11) is granted.

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Defendant shall answer or otherwise respond to the amended complaint

(Doc. 10) by August 25, 2011.
Dated this 9th day of August, 2011.

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