Reed v. Bank of America Corporation et al

Filing 18

ORDER finding as moot 8 Motion to Dismiss; granting 9 Motion to Take Judicial Notice; granting 13 Motion for Leave to File. The hearing scheduled for 7/25/2011 is vacated. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

DOUGLAS REED,
Case No. 1:11-CV-00124-BLW
Plaintiff,
ORDER
v.
BANK OF AMERICA
CORPORATION; BAC LOAN
SERVICING, LP; FEDERAL
NATIONAL MORTGAGE
ASSOCIATION,
Defendants.

The Court has before it the Defendants’ motions to dismiss (Dkt. 8) and for
judicial notice (Dkt. 9), and Plaintiff’s motion for leave to amend his complaint (Dkt. 13).
The motions for judicial notice and to amend the complaint are unopposed.
Federal Rule of Civil Procedure 15(a)(2) provides that leave to amend shall be
freely granted “when justice so requires.” Leave may be denied for reasons such as
undue delay, bad faith, futility of amendment, or prejudice to the opposing party. Hurn v.
Retirement Fund Trust, 648 F.2d 1252, 1254 (9th Cir. 1981). The Court finds that none
of these reasons are present in this case; accordingly, leave to amend is granted.
In turn, the Court finds that leave to amend moots the Defendants’ pending motion
to dismiss because it addresses the original complaint. Defendants may file another
M EMORANDUM D ECISION AND O RDER - 1

motion to dismiss if necessary, but it should address the amended complaint.
In their motion for judicial notice, the Defendants ask the court to take notice of
three documents relevant to this case: (1) the deed of trust, (2) the trustee’s deed, and (3)
the promissory note. The deed of trust and trustee’s deed have been recorded in the
public records of Ada County; the promissory note is signed by Mr. Reed and its veracity
is not disputed.
As a general rule, “a district court may not consider any material beyond the
pleadings in ruling on a Rule 12(b)(6) motion.” Hal Roach Studios, Inc v. Richard Feiner
and Co., Inc., 896 F.2d 1542, 1555 n.19 (9th Cir. 1990). However, under Federal Rule
of Evidence 201, a court may take judicial notice of “matters of public record,” Mack v.
South Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986), and documents the
authenticity of which is not contested, Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th
Cir. 2001).
The first two documents are matters of public record, and no party disputes the
authenticity of any of the documents. Even though the Defendants’ pending motion to
dismiss has been mooted, judicial notice of these documents remains appropriate.
ORDER
IT IS ORDERED:
1.

Plaintiff’s motion for leave to amend (Dkt. 13) is granted.

2.

Defendants’ motion to dismiss (Dkt. 8) is deemed moot.

3.

The hearing scheduled for July 25, 2011 is vacated.

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4.

Defendants’ motion for judicial notice (Dkt. 9) is granted.

DATED: July 6, 2011

Honorable B. Lynn Winmill
Chief U. S. District Judge

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