Russell v. Capital One Bank National Association

Filing 10

MEMORANDUM AND ORDER granting Plaintiff's 9 Motion for Leave to File amended complaint; denying as moot Defendant's 6 Motion to Dismiss for Failure to State a Claim. Signed by Judge Ellen L. Hollander on 11/20/2014. (dass, Deputy Clerk) (c/m by chambers)

United States District Court
District Of Maryland
Chambers of
Ellen Lipton Hollander
District Court Judge

101 West Lombard Street
Baltimore, Maryland 21201
410-962-0742

November 20, 2014
MEMORANDUM TO COUNSEL AND MS. RUSSELL
Re:

Melody A. Russell v. Capital One, N.A.
Civil Action No. ELH-14-2954

Dear Counsel and Ms. Russell:
As you know, plaintiff Melody A. Russell, who is self-represented, filed a complaint
against defendant Capital One, N.A. (“Capital One”) on September 18, 2014. ECF 1. On
November 10, 2014, in response to plaintiff’s complaint, defendant filed a motion to dismiss
under Fed. R. Civ. 12(b)(6). ECF 6. On November 20, 2014, plaintiff filed a motion for leave to
amend her complaint. ECF 9.
Under Fed. R. Civ. P. 15(a)(1), a “party may amend its pleading once as a matter of
course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive
pleading is required, 21 days after service of a responsive pleading or 21 days after service of a
motion under Rule 12(b), (e), or (f), whichever is earlier.”
Accordingly, plaintiff’s motion (ECF 9) is GRANTED, as a matter of course, under Rule
15(a)(1). Therefore, Capital One’s motion to dismiss (ECF 6) is DENIED, as moot, and without
prejudice to the right to refile with respect to the amended complaint.
Despite the informal nature of this Memorandum, it is an Order of the Court, and the
Clerk is directed to docket it as such.

Very truly yours,
/s/
Ellen Lipton Hollander
United States District Judge