Laura E. Landry v. Select Portfolio Servicing, Inc. et al

Filing 12

ORDER DENYING DEFENDANTS MOTION TO DISMISS AS MOOT 9 by Judge Otis D. Wright, II . (lc). Modified on 5/31/2017 (lc).

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United States District Court
Central District of California

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LAURA E. LANDRY,

Case № 2:17-cv-02894-ODW (GJS)

Plaintiff,

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v.

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ORDER DENYING MOTION TO

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SELECT PORTFOLIO SERVICING,

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INC.; U.S. BANK, N.A.; ALL PERSONS

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UNKNOWN CLAIMING ANY LEGAL

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OR EQUITABLE RIGHT, TITLE,

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ESTATE, LIEN OR INTEREST IN AND

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TO THE REAL PROPERTY KNOWN

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AS “787-789 ST. LOUIS AVENUE,

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LONG BEACH, CA 90804”; and DOES

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1–10,

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DISMISS AS MOOT [9]

Defendants.

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Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. served Plaintiff

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Laura E. Landry with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in

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this case on April 28, 2017. (ECF No. 9.) Landry filed a first amended complaint on

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May 19, 2017, twenty-one days later. (ECF No. 11.) Rule 15(a)(1) allows a plaintiff

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to file an amended complaint once as a matter of right within twenty-one days of

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service with a Rule 12(b) motion.

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proper. As the pending motion to dismiss was based on a complaint that is no longer

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operative, the motion is DENIED as MOOT. See Ramirez v. Cty. of San Bernardino,

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806 F.3d 1002, 1008 (9th Cir. 2015).

Therefore, Landry’s amended complaint was

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IT IS SO ORDERED.

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May 30, 2017

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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