Koepsell v. USAA, et al

Filing 17

ORDER signed by Senior Judge Lawrence K. Karlton on 8/24/11 DENYING 9 Motion to Dismiss as moot. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA TONI KOEPSELL,
an individual,

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NO. CIV. S-11-1772 LKK/DAD
Plaintiff,

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v.
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O R D E R
USAA aka UNITED SERVICES
AUTOMOBILE ASSOCIATION, a
form of business unknown and
USAA FEDERAL SAVINGS BANK,
a form of business unknown,

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Defendants.
/

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Defendants United Service Automobile Association’s (“USAA”)and

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USAA Federal Savings Bank have moved to dismiss USAA from the above

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captioned case and to dismiss several of plaintiff’s claims against

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USAA Federal Savings Bank for failure to state a claim. On August

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15, 2011, plaintiff filed an opposition to the motion in which she

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expressed her intention to file an amended complaint by August 22,

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2011. Upon receipt of plaintiff’s opposition, the court vacated the

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hearing on the motion and ordered plaintiff to file her amended
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complaint by August 22, 2011. Plaintiff timely filed her amended

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complaint

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For the foregoing reasons, the court DENIES defendant’s motion
to dismiss (Doc. No. 9) without prejudice, as moot.

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IT IS SO ORDERED.

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DATED:

August 24, 2011.

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