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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK BOSIA,
Plaintiff,

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v.

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United States District Court
Northern District of California

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Case No. 17-cv-02701-MMC
ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO DISMISS;
VACATING HEARING

OCWEN LOAN SERVICING, LLC,
Defendant.

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Re: Dkt. No. 19

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Before the Court is defendants Ocwen Loan Servicing, LLC (“Ocwen Loan”) and

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Ocwen Mortgage Servicing, Inc.’s (“Ocwen Mortgage”) motion, filed June 30, 2017, to

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dismiss plaintiff’s complaint. On July 14, plaintiff filed an Amended Complaint (“AC”)

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against defendant Ocwen Loan.1

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

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service of a responsive pleading or 21 days after service of a motion under Rule 12(b),

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(e), or (f), whichever is earlier.” See Fed. R. Civ. P. 15(a). “[A]n amended pleading

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supersedes the original, the latter being treated thereafter as non-existent.” Bullen v. De

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Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957).

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In the instant case, plaintiff filed his AC within 21 days after service of defendants’

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motion to dismiss, and, consequently, was entitled to amend. See Fed. R. Civ. P. 15(a).

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Accordingly, the Court hereby DENIES as moot defendants’ motion, and

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By order filed July 13, 2017, the Court approved plaintiff’s voluntary dismissal of
Ocwen Mortgage.

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VACATES the August 4, 2017 hearing scheduled thereon.

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IT IS SO ORDERED.

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Dated: July 14, 2017
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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