Levy v. JPMorgan Chase Bank

Filing 13

ORDER: Granting 12 Motion for Leave to File Amended Complaint; and Denying as Moot 8 Motion to Dismiss. Plaintiff shall file an amended complaint by 10/26/2010. As such, Defendant's Motion to Dismiss is denied as moot and the 12/6/2010 motion hearing is hereby vacated. Signed by Judge Michael M. Anello on 10/19/2010. (All non-registered users served via U.S. Mail Service)(leh)

-WMC Levy v. JPMorgan Chase Bank

Doc. 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's document is entitled "Original Petition," which the Court construes as a complaint due to the substantive allegations and legal claims asserted therein. -110CV1615
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Jacob Levy, Plaintiff, vs. CASE NO. 10-CV-1615 MMA (WMc) ORDER: (1) GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT; [Doc. No. 12] JP Morgan Chase, Defendant. (2) DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT [Doc. No. 8] On August 3, 2010, Plaintiff Jacob Levy, proceeding pro se, filed a Complaint against Defendant JP Morgan Chase.1 [Doc. No. 1.] Plaintiff alleges, inter alia, that Defendant engaged in illegal acts regarding the origination of the subject loan. The loan was secured by a deed of trust encumbering real property located at 2840-2842 Washington Street, Lemon Grove, CA 91945. On October 5, 2010, Defendant filed a Motion to Dismiss the Complaint. [Doc. No.8.] On October 15, 2010, Plaintiff filed a "Motion for Leave to Amend Complaint." [Doc. No. 12.] Federal Rules of Civil Procedure, Rule 15(a) provides that a party's right to amend as a matter of course terminates "21 days after service of a responsive pleading or 21 days after service of a

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motion under Rule 12(b), (e), or (f), whichever is earlier." Fed.R.Civ.P. 15(a)(1)(B). As Plaintiff has a right to amend its pleading once as a matter of course and did not need the Court's approval to file an amended complaint, Plaintiff's motion is hereby GRANTED. Plaintiff shall file an amended complaint on or before October 26, 2010. As such, Defendant's Motion to Dismiss is DENIED as moot and the December 6, 2010 motion hearing is hereby VACATED. IT IS SO ORDERED.

DATED: October 19, 2010 Hon. Michael M. Anello United States District Judge

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