Diller v. Ditech Financial, LLC et al

Filing 44

ORDER by Judge Yvonne Gonzalez Rogers denying as moot 35 Motion to Dismiss. The hearing currently set for May 16, 2017 is VACATED. (fs, COURT STAFF) (Filed on 4/26/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ABIGAIL DILLER, Plaintiff, 7 8 ORDER DENYING MOTION TO DISMISS AS MOOT vs. 9 DITECH FINANCIAL, LLC, ET AL., 10 Defendants. 11 United States District Court Northern District of California CASE NO. 16-cv-04755-YGR 12 13 Re: Dkt. No. 35 On April 3, 2017, defendants filed a Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 35.) On April 17, 2017, plaintiff filed her notice of non-opposition to the motion to dismiss, 14 indicating that she intends to file an amended complaint. (Dkt. No. 42.) On April 24, 2017, 15 plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). 16 (Dkt. No. 43.) In light of the filing of the amended complaint, defendants’ motion to dismiss is 17 DENIED AS MOOT. The hearing currently set for May 16, 2017 is hereby VACATED. 18 This Order terminates Docket Number 35. 19 IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 Dated: April 26, 2017 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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