Steiner et al v. OneWest Bank F.S.B. et al

Filing 28

ORDER signed by Judge Saundra Brown Armstrong on 2/4/2014 Denying 21 Motion to Dismiss. (ndr, COURT STAFF) (Filed on 2/5/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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RICHARD A. STEINER & CAROLE J.

Case No: C 13-5349 SBA

8 STEINER,

Plaintiffs,

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v.

ORDER DENYING
MOTION TO DISMISS
Docket 21

11 ONEWEST BANK, FSB and TRANS

UNION, LLC;
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Defendants.
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On January 15, 2014, Defendant OneWest Bank, FSB (“OneWest Bank”) filed a

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motion to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil

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Procedure. Dkt. 21. On January 21, 2014, Plaintiffs filed a first amended complaint. Dkt.

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23. Under Rule 15 of the Federal Rules of Civil Procedure, a party may amend its pleading

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once as a matter of course within 21 days after service of a motion under Rule 12(b).

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Fed.R.Civ.P. 15(a)(1)(B).

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Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

OneWest Bank’s motion to dismiss the complaint is DENIED as MOOT.

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2.

This Order terminates Docket 21.

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IT IS SO ORDERED.

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Dated:

2/4/2014

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge