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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1 2 United States District Court Northern District of California 3 4 5 6 CHARLOTTE PENERMON, Plaintiff, 7 8 9 v. WELLS FARGO BANK, N.A.; and DOES 1 through 50, 10 Case No.: CV 14-00065-KAW ORDER TERMINATING MOTION TO DISMISS Defendant(s). United States District Court Northern District of California 11 12 On January 13, 2014, Defendant Wells Fargo filed a motion to dismiss Plaintiff Charlotte 13 Penermon’s initial complaint. (Dkt. No. 5.) On February 3, 2014, Plaintiffs filed an amended 14 complaint. (Dkt. No. 12.) 15 Under Rule 15(a)(1)(B), a party may amend its pleading once as a matter of course within 16 21 days of being served with a motion under Rule 12(b). The amended complaint was filed 17 within 21 days after service of the 12(b)(6) motion. Accordingly, the Court terminates the 18 pending motion to dismiss (Dkt. No. 5), as the operative complaint is now the amended 19 complaint. 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: February 4, 2014 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge

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