Lowrie et al v. Alliance Bancorp et al

Filing 23

ORDER signed by Senior Judge Lawrence K. Karlton on 7/14/10 ORDERING the motion to dismiss 18 is DENIED WITHOUT PREJUDICE as moot; the hearing set for 6/21/10 is hereby VACATED. (Carlos, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 / Plaintiffs in this suit bring numerous claims against various private financial and real estate businesses involved with v. ORDER ALLIANCE BANCORP, a California corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a California corporation; PARADISE MORTGAGE CORPORATION, a California corporation; JP MORGAN CHASE BANK, a national financial institution; CALIFORNIA RECONVEYANCE COMPANY, a California corporation; and DOES 1 to 100, inclusive, CARINA LOWRIE and CLIFFORD LOWRIE, JR., NO. CIV. S-10-468 LKK/GGH Plaintiffs, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA plaintiff's home mortgage. On May 20, 2010, defendants JPMorgan Chase Bank, NA and California Reconveyance Company moved to dismiss all claims against them under Fed. R. Civ. P 12(b)(6). This motion was set for hearing on June 21, 2010. Pursuant to Local Rule 230(c), plaintiffs' opposition or statements of non-opposition was 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 due on June 8, 2010. Plaintiffs did not file an opposition or statement of non-opposition. Instead, on June 10, 2010, twenty-one days after the motion was filed, plaintiff filed an amended complaint. Pursuant to Fed. R. Civ. P. 15(a)(1)(B), plaintiff may file an amended complaint twenty one days after service of a motion. Thus, plaintiff's amended complaint was timely filed. It appears that many of the arguments raised in the motion to dismiss and to strike portions of the initial complaint may also apply to the amended complaint. Nonetheless, the court declines to address this issue without briefing directly on point from either party. Accordingly, the pending motion, Dkt. No. 18 is DENIED WITHOUT PREJUDICE as moot. The hearing on this motion set for June 21, 2010 is hereby VACATED. IT IS SO ORDERED. DATED: June 14, 2010. 2

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