Adams v. EMC Mortgage Corporation

Filing 27

MINUTE ORDER denying as moot 19 Motion to Dismiss; denying as moot 23 Motion for Extension of Time to Answer or Otherwise Respond. By Magistrate Judge Kristen L. Mix on 5/29/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00344-REB-KLM
VASHONE L. ADAMS,
Plaintiff,
v.
EMC MORTGAGE CORPORATION, a Foreign Corporation,
CAROL YOUNG, individually and as agent,
JP MORGAN CHASE & COMPANY, a Foreign Corporation,
JAMES DIMON, individually and as agent,
ACQURA LOAN SERVICING, a Foreign Corporation, and
NIGEL D. BRAZIER, individually and as agent,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants EMC Mortgage, LLC, JPMorgan
Chase Bank, N.A., Carol Young, and James Dimon’s Unopposed Motion for Extension
of Time for Defendants to Respond to Plaintiff’s Amended Complaint [Docket No. 23;
Filed May 23, 2012] (the “Motion for Extension”). In the Motion for Extension, Defendants
seek an extension of time through June 8, 2012 to file an answer or other response to
Plaintiff’s Amended Complaint [#7]. Defendants seek this extension because Plaintiff
informed them that he intended to soon file a Second Amended Complaint in lieu of a
response to Defendant Acqura Loan Services’ Motion to Dismiss [Docket No. 19; Filed May
4, 2012]. The day after Defendants filed the Motion for Extension, Plaintiff filed his Second
Amended Complaint [#26]. Accordingly,
IT IS HEREBY ORDERED that the Motion for Extension [#23] is DENIED as moot.
IT IS FURTHER ORDERED that Defendant Acqura Loan Services’ Motion to
Dismiss [#19] is DENIED as moot. See Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163,
1172 (D. Colo. 2006) (stating that “Defendants’ motions to dismiss are technically moot
because they are directed at a pleading that is no longer operative”).
Dated: May 29, 2012