Kennedy et al v. BAC Home Loans Servicing LP et al

Filing 22

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion Seeking Leave to File Amended Complaint in Lieu of Resolving Defendant's Pending Motion to Dismiss 18 is GRANTED. IT IS FURTHER ORDERED that Bank of America's Motion to Dismiss 10 is DENIED as moot, without prejudice.. Signed by Honorable John A. Ross on 7/16/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JOHN KEVIN KENNEDY and
LISA ANNE KENNEDY,
Plaintiffs,
v.
BAC HOME LOANS SERVICING, LP,
and KOZENY & McCUBBIN, L.C,
Defendants.

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No. 4:12-CV-726-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Motion Seeking Leave to File Amended
Complaint in Lieu of Resolving Defendant’s Pending Motion to Dismiss [ECF No. 18]. In
response to Plaintiffs’ Motion, Defendant Bank of America, N.A., successor by merger to BAC
Home Loans Servicing, LP, takes no position regarding Plaintiffs’ Motion. [ECF No. 20].
Defendant Kozeny & McCubbin, LC, did not respond to Plaintiffs’ Motion.
Under Federal Rule of Civil Procedure 15, a court should grant leave to amend freely
“when justice so requires.” Fed.R.Civ.P. 15(a)(2). “[A]bsent a good reason for denial-such as
undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments
previously allowed, undue prejudice to the non-moving party, or futility of the amendment-leave
to amend should be granted.” Brown v. Wallace, 957 F.2d 564, 566 (8th Cir.1992) (citing
Thompson-El v. Jones, 876 F.2d 66, 67 (8th Cir. 1989)). The Court finds no “good reason” to
deny Plaintiffs' unopposed motion for leave to file their proposed amended complaint.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion Seeking Leave to File Amended

Complaint in Lieu of Resolving Defendant’s Pending Motion to Dismiss [18] is GRANTED.
IT IS FURTHER ORDERED that Bank of America’s Motion to Dismiss [10] is
DENIED as moot, without prejudice.

Dated this 16th day of July, 2012.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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