Virostek et al v. IndyMac Mortgage Services et al

Filing 34

MINUTE ORDER striking "Plaintiff's Verified Second Amended Complaint" 31 , and denying as moot 32 Defendants' Motion to Dismiss Second Amended Complaint. By Magistrate Judge Michael E. Hegarty on 10/26/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00030-WYD-MEH
JOHN B. VIROSTEK, and
ROBIN WOOD-VIROSTEK,
Plaintiffs,
v.
INDY-MAC MORTGAGE SERVICES,
ONEWEST BANK,
DEUTSCHE BANK NATIONAL TRUST, and
MORTGAGE ELECTRONIC REGISTRATION SYSTEM (MERS),
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on October 26, 2011.
Before the Court is Defendants’ Motion to Dismiss Second Amended Complaint [filed
October 24, 2011; docket #32]. The motion concerns a pleading tendered by Plaintiff John Virostek
on October 6, 2011 titled, “Plaintiff’s Verified Second Amended Complaint” [docket #31]. Pursuant
to Fed. R. Civ. P. 15(a), the Plaintiff must seek leave to file such a pleading;1 because he has not
done so, the tendered pleading is stricken and the Defendant’s Motion to Dismiss is denied as
moot.

1

To the extent that Mr. Virostek interpreted this Court’s September 6, 2011 Recommendation
[docket #30] as giving him permission to file the pleading, he is incorrect; the Recommendation
merely recommends that the District Court grant the Plaintiffs leave to file an amended pleading.
The District Court has not yet ruled on the pending Recommendation.