Hilb v. HSCB Bank, USA et al
Filing
58
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 8/25/2015. Withdrawing 41 Motion to Amend/Correct/Modify. Finding as moot 25 Motion to Dismiss. Finding as moot 26 Motion to Dismiss. Plaintiff may file an unopposed motion for leave to file a second amended complaint by 9/9/2015. FTR: Courtroom A-402. (amont, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 14‐cv‐03350‐CBS
Date: August 25, 2015
Courtroom Deputy: Amanda Montoya
FTR – Reporter Deck‐Courtroom A402
Parties:
Counsel:
PETER HILB,
Gary Merenstein
Plaintiff,
v.
HSBC BANK USA, et al.,
Donna Bakalor
Ashley Calhoun
Melissa Cizmoris
Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session: 01:30 p.m.
Court calls case. Appearances of counsel.
This hearing comes before the court in regards to [41] Plaintiff’s Contested Motion to Amend
His Previously Filed Amended Complaint and Demand for Jury Trial. Discussion and argument
regarding the motion.
After conferral with the court, the Plaintiff agrees to withdraw [41] Plaintiff’s Contested Motion
to Amend His Previously Filed Amended Complaint and Demand for Jury Trial.
ORDERED: [41] Plaintiff’s Contested Motion to Amend His Previously Filed Amended
Complaint and Demand for Jury Trial is WITHDRAWN. The Plaintiff may file an
unopposed motion for leave to file a second amended complaint by September
9, 2015. The unopposed motion does not prejudice the defendant’s right to
answer or otherwise respond under Rule 12.
In light of the Plaintiff filing a second amended complaint [25] Defendants HSBC
Bank USA, National Association, as Trustee for the Certificate Holders of the Ace
Securities Corporation Home Equity Loan Trust, Series 2006‐NC2, Asset Backed
Pass Through Certificates, its Successors and Assigns and Select Portfolio
Servicing, Inc’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and [26]
Defendant Bank of America, N.A.’s Motion to Dismiss Plaintiff’s First Amended
Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) are DENIED AS MOOT.
HEARING CONCLUDED.
Court in recess: 01:45 p.m.
Total time in court: 00:15
To order transcripts of hearings please contact Stevens-Koenig Reporting at (303) 988-8470.
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