Fidel Castillo et al v. Wells Fargo Bank N.A. et al

Filing 15

ORDER DENYING AS MOOT DEFENDANTS MOTION TO DISMISS 7 AND MOTION TO STRIKE 8 by Judge Otis D. Wright, II . (lc). Modified on 1/31/2014 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FIDEL CASTILLO and OLGA O.
CASTILLO,

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v.

Plaintiffs,

WELLS FARGO BANK, N.A. and DOES
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Case No. 2:13-cv-08931-ODW(JEMx)
ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO
DISMISS [7] AND MOTION TO
STRIKE [8]

Defendants.

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On January 2, 2014, Defendant Wells Fargo Bank, N.A. filed a Motion to

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Dismiss Plaintiff’s Complaint and a Motion to Strike Portions of Plaintiff’s

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Complaint. (ECF Nos. 7, 8.) Plaintiffs Fidel Castillo and Olga O. Castillo opposed

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both Motions on the merits on January 6, 2014. (ECF No. 10.) Nevertheless, on

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January 17, 2014, Plaintiffs filed a First Amended Complaint. (ECF No. 12.)

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A party may amend its pleading once as a matter of course 21 days after service

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of a motion under Federal Rule of Civil Procedure 12(b), (e), or (f). Fed. R. Civ. P.

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15(a)(1)(B). Plaintiffs’ First Amended Complaint was filed within 21 days of Wells

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Fargo’s Motion to Dismiss and Motion to Strike. Since the First Amended Complaint

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supersedes the original pleading, the Court hereby DENIES AS MOOT Wells

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Fargo’s Motion to Dismiss and Motion Strike.

(ECF Nos. 7, 8.) The First Amended

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Complaint is now subject to any motions authorized under the Federal Rules of Civil

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Procedure.

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IT IS SO ORDERED.

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January 31, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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