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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?