Penermon v. Wells Fargo Home Mortgage

Filing 13

ORDER terminating motion to dismiss pursuant to Rule 15(a)(1)(B); Motions terminated: 5 MOTION to Dismiss the Complaint Pursuant to F.R.C.P. Rule 12(b)(6) filed by Wells Fargo Home Mortgage.. Signed by Judge Kandis A. Westmore on 2/4/2014. (kawlc1, COURT STAFF) (Filed on 2/4/2014)

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United States District Court
Northern District of California

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CHARLOTTE PENERMON,
Plaintiff,

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v.
WELLS FARGO BANK, N.A.; and DOES 1
through 50,

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Case No.: CV 14-00065-KAW
ORDER TERMINATING MOTION TO
DISMISS

Defendant(s).

United States District Court
Northern District of California

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On January 13, 2014, Defendant Wells Fargo filed a motion to dismiss Plaintiff Charlotte

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Penermon’s initial complaint. (Dkt. No. 5.) On February 3, 2014, Plaintiffs filed an amended

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complaint. (Dkt. No. 12.)

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Under Rule 15(a)(1)(B), a party may amend its pleading once as a matter of course within

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21 days of being served with a motion under Rule 12(b). The amended complaint was filed

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within 21 days after service of the 12(b)(6) motion. Accordingly, the Court terminates the

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pending motion to dismiss (Dkt. No. 5), as the operative complaint is now the amended

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complaint.

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IT IS SO ORDERED.
Dated: February 4, 2014

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge