Bosia v. Ocwen Mortgage Servicing, Inc. et al
Filing
25
ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS; VACATING HEARING. The August 4, 2017 hearing on defendants' motion to dismiss is vacated. Signed by Judge Maxine M. Chesney on 07/14/17. (mmclc2, COURT STAFF) (Filed on 7/14/2017)
1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
MARK BOSIA,
Plaintiff,
9
v.
10
United States District Court
Northern District of California
11
Case No. 17-cv-02701-MMC
ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO DISMISS;
VACATING HEARING
OCWEN LOAN SERVICING, LLC,
Defendant.
12
Re: Dkt. No. 19
13
14
Before the Court is defendants Ocwen Loan Servicing, LLC (“Ocwen Loan”) and
15
Ocwen Mortgage Servicing, Inc.’s (“Ocwen Mortgage”) motion, filed June 30, 2017, to
16
dismiss plaintiff’s complaint. On July 14, plaintiff filed an Amended Complaint (“AC”)
17
against defendant Ocwen Loan.1
18
A party may amend a pleading “once as a matter of course within . . . 21 days after
19
service of a responsive pleading or 21 days after service of a motion under Rule 12(b),
20
(e), or (f), whichever is earlier.” See Fed. R. Civ. P. 15(a). “[A]n amended pleading
21
supersedes the original, the latter being treated thereafter as non-existent.” Bullen v. De
22
Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957).
23
In the instant case, plaintiff filed his AC within 21 days after service of defendants’
24
motion to dismiss, and, consequently, was entitled to amend. See Fed. R. Civ. P. 15(a).
25
Accordingly, the Court hereby DENIES as moot defendants’ motion, and
26
27
28
1
By order filed July 13, 2017, the Court approved plaintiff’s voluntary dismissal of
Ocwen Mortgage.
1
VACATES the August 4, 2017 hearing scheduled thereon.
2
3
IT IS SO ORDERED.
4
5
Dated: July 14, 2017
MAXINE M. CHESNEY
United States District Judge
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
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?