Cagle et al v. OCWEN Loan Servicing, LLC et al

Filing 12

ORDER by Judge Maria-Elena James finding as moot 7 Motion to Dismiss. Answer or responsive pleading due 12/19/2016. (mejlc3, COURT STAFF) (Filed on 11/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL CAGLE, et al.,

Case No. 16-cv-06187-MEJ

Plaintiffs,
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ORDER DENYING MOTION TO
DISMISS AS MOOT

v.
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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

United States District Court
Northern District of California

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Defendants HSBC Bank, USA and OCWEN Loan Servicing, LLC (together,

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“Defendants”) moved to dismiss the Complaint filed by Plaintiffs Michael and Anna Cagle

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(together, “Plaintiffs”) pursuant to Federal Rule of Civil Procedure 12(b)(6). See Mot., Dkt. No.

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7. Plaintiffs filed a Notice of Non-Opposition to the Motion and indicated they would file an

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amended complaint. See Not. of Non-Opp’n, Dkt. No. 10. Plaintiffs did so on November 23,

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2016. See Am. Compl., Dkt. No. 11.

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A party may amend its pleading once “as a matter of course” within “21 days after service

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of a motion under Rule 12(b), (e), or (f).” Fed. R. Civ. P. 15(a)(1)(B). “[T]he general rule is that

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an amended complaint supercedes the original complaint and renders it without legal effect . . . .”

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Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012) (en banc). As no prior amended

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complaints have been filed, Plaintiffs can file an amended complaint as a matter of course under

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Rule 15(a). Further, “[d]ismissal of the superseded original complaint would not alter the

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proceedings . . . as the parties would continue to litigate the merits of the claims contained in the

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now-operative First Amended Complaint.” Liberi v. Defend Our Freedoms Founds., Inc., 509

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Fed. App’x 595, 596 (9th Cir. 2013) (dismissing as moot appeal of denial of an anti-SLAPP

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motion regarding a superseded complaint).

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Since the pending Motion is based on the original complaint, the Court hereby DENIES

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the Motion as moot. Defendants shall file an answer or other responsive pleading within 21 days

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from the date of this Order.

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IT IS SO ORDERED.

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Dated: November 28, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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