Borhaug v. Select Portfolio Servicing, Inc. et al

Filing 20

ORDER TERMINATING 10 MOTION TO DISMISS. Signed by Judge Kandis A. Westmore on 06/23/2014. (kawlc2S, COURT STAFF) (Filed on 6/23/2014)

1
2

United States District Court
Northern District of California

3
4
5
6

BRIT A. BORHAUG, et al.,
Plaintiffs,

7
8
9

v.
SELECT PORTFOLIO SERVICING, INC., et
al.,

Case No.: 4:14-cv-02368-KAW
ORDER TERMINATING MOTION TO
DISMISS

Defendants.

10

United States District Court
Northern District of California

11
12

On May 28, 2014, Defendants filed a motion to dismiss Plaintiffs' complaint. (Mot. to

13

Dismiss, Dkt. No. 10.) On June 18, 2014, Plaintiffs filed an amended complaint. (Am. Compl.,

14

Dkt. No. 17.)

15

Under Federal Rule of Civil Procedure 15(a)(1)(B), a party may amend its pleading once

16

as a matter of course within 21 days of being served with a motion under Rule 12(b).

17

Accordingly, the Court terminates the pending motion to dismiss, as the operative complaint is

18

now the amended complaint, and vacates the motion hearing currently set for July 3, 2014.

19
20
21
22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated: June 23, 2014

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge