McDonald et al v. Indymac Mortgage Services et al
ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' COMPLAINT. Signed by Judge Maxine M. Chesney on November 16, 2012. (mmclc2, COURT STAFF) (Filed on 11/16/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
DARRELL McDONALD, et al.,
No. C 12-4610 MMC
ORDER DENYING AS MOOT
DEFENDANTS’ MOTIONS TO DISMISS
INDYMAC MORTGAGE SERVICES, et al.,
Before the Court are three motions to dismiss plaintiffs’ complaint pursuant to Rule
15(b) of the Federal Rules of Civil Procedure, filed, respectively, by defendant NDeX West,
LLC on October 23, 2012, defendant Wells Fargo Bank, N.A. on October 25, 2012, and
defendants OneWest Bank, FSB and Deutsche Bank National Trust Company, jointly, on
October 25, 2012. On November 13, 2012, twenty one days after defendant NDeX West,
LLC filed its motion to dismiss, plaintiffs filed their First Amended Complaint. Pursuant to
Rule 15 of the Federal Rules of Civil Procedure, a “party may amend its pleading once as a
matter of course within . . . 21 days after service of a motion under Rule 12(b)” of the
Federal Rules of Civil Procedure. See Fed. R. Civ. Pro. 15(a)(1)(B).
Accordingly, defendants’ motions to dismiss plaintiffs’ complaint are hereby DENIED
IT IS SO ORDERED.
Dated: November 16, 2012
MAXINE M. CHESNEY
United States District Judge
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