Perez et al v. Bank of America , N.A. et al

Filing 14

ORDER by Judge Whyte denying at moot 6 Motion to Dismiss and not accepting 13 stipulation. (rmwlc2, COURT STAFF) (Filed on 1/24/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. C-12-06486-RMW

RENE PEREZ; HEATHER PEREZ,
Plaintiffs,

ORDER DENYING DEFENDANTS'
MOTION TO DISMISS

v.
BANK OF AMERICA, N.A.; BAC HOME
LOANS SERVICING, LP; RECONTRUST
COMPANY, N.A.; AND DOES 1-50,
inclusive,

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[Re Docket No. 6, 13]

Defendants.

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Defendants' motion to dismiss, Dkt. No. 6, appears to be addressed to the First Amended

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Complaint. On January 18, 2013, plaintiffs filed a Second Amended Complaint. Dkt. No. 11.

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As they filed the amended complaint within 21 days of service of the motion to dismiss, they

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were free to amend as a matter of course. Fed. R. Civ. P. 15(a). The parties now stipulate to a

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hearing going forward on a motion that does not address the operative complaint. Because it will

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be more efficient for the court and the parties to resolve issues related to the operative complaint,

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defendants' motion to dismiss the First Amended Complaint is denied as moot. The stipulation is

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ORDER
CASE NO. C-12-06486-RMW

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thus not accepted. Defendant may file a motion to dismiss the Second Amended Complaint by

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February 8, 2013.

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Dated: January 24, 2013
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Ronald M. Whyte
United States District Court Judge

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ORDER
CASE NO. C-12-06486-RMW

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