McDonald et al v. Indymac Mortgage Services et al

Filing 57

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)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 For the Northern District of California United States District Court 10 11 DARRELL McDONALD, et al., No. C 12-4610 MMC ORDER DENYING AS MOOT DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ COMPLAINT Plaintiffs, v. INDYMAC MORTGAGE SERVICES, et al., 12 Defendants. 13 / 14 15 Before the Court are three motions to dismiss plaintiffs’ complaint pursuant to Rule 16 15(b) of the Federal Rules of Civil Procedure, filed, respectively, by defendant NDeX West, 17 LLC on October 23, 2012, defendant Wells Fargo Bank, N.A. on October 25, 2012, and 18 defendants OneWest Bank, FSB and Deutsche Bank National Trust Company, jointly, on 19 October 25, 2012. On November 13, 2012, twenty one days after defendant NDeX West, 20 LLC filed its motion to dismiss, plaintiffs filed their First Amended Complaint. Pursuant to 21 Rule 15 of the Federal Rules of Civil Procedure, a “party may amend its pleading once as a 22 matter of course within . . . 21 days after service of a motion under Rule 12(b)” of the 23 Federal Rules of Civil Procedure. See Fed. R. Civ. Pro. 15(a)(1)(B). 24 25 26 27 28 Accordingly, defendants’ motions to dismiss plaintiffs’ complaint are hereby DENIED as moot. IT IS SO ORDERED. Dated: November 16, 2012 MAXINE M. CHESNEY United States District Judge

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