Mackensen v. Nationstar Mortgage LLC

Filing 13

Order by Magistrate Judge Jacqueline Scott Corley dismissing 9 Motion to Dismiss as moot.(jsclc2, COURT STAFF) (Filed on 7/11/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEN MACKENSEN,

Case No. 14-cv-02812-JSC

Plaintiff,
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v.

ORDER DISMISSING MOTION TO
DISMISS AS MOOT

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NATIONSTAR MORTGAGE LLC,

Re: Dkt. No. 9

Defendant.

United States District Court
Northern District of California

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Defendant Nationstar Mortgage LLC removed this civil action brought by Plaintiff Ken

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Mackensen from the Marin County Superior Court on June 18, 2014. On June 25, 2014,

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Defendant filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt.

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No. 9.) In lieu of filing an opposition to the motion, Plaintiff filed an Amended Complaint. (Dkt.

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No. 12.)

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Pursuant to Federal Rule of Civil Procedure 15(a)(1) “[ a] party may amend its pleading

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once as a matter of course within (A) 21 days after serving it, or (B) if the pleading is one to which

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a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after

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service of a motion under Rule 12(b), whichever is earlier.” Because Plaintiff filed his Amended

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Complaint within 14 days after service of the Motion to Dismiss, he does not need leave of the

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Court and may amend his complaint as of right. Defendant’s Motion to Dismiss is therefore

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DISMISSED as moot.

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This Order disposes of Docket No. 9.

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IT IS SO ORDERED.
Dated: July 11, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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