Koontz v. Bank of America Corporation et al

Filing 19

ORDER finding as moot 3 Motion to Dismiss for Failure to State a Claim; granting 13 Stipulated Motion; granting 14 Motion for Extension of Time to File Response/Reply. Signed by Judge Dana L. Christensen on 11/12/2015. (APP, )

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FILED NOV 12 2015 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION JOHNA KOONTZ, Clerk, U.S District Court District Of Montana Missoula CV 15- 108-M-DLC Plaintiff, ORDER vs. BANK OF AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP, f/kla COUNTRYWIDE HOME LOANS SERVICING, LP and COUNTRYWIDE BANK, N.A.; and RESIDENTIAL CREDIT SOLUTIONS, INC., , Defendants. Before the Court are the parties' stipulated motion to dismiss Defendant Bank of America Corporation, as well as Plaintiffs unopposed motion for a oneday extension for filing her response to Defendants' second motion to dismiss. Furthermore, the Court notes that Plaintiff filed her Amended Complaint by right on September 18, 2015, twenty-one days after Defendants filed their first motion to dismiss. Defendants do not dispute that Plaintiffs Amended Complaint mooted their first motion, and indeed filed their second motion as a result. -1- Accordingly, IT IS ORDERED that: (1) The parties' stipulated motion to dismiss Defendant Bank of American Corporation (Doc. 13) is GRANTED. (2) Plaintiffs unopposed motion for an extension to file her response to Defendants' second motion to dismiss (Doc. 14) is GRANTED. (3) Defendants' first motion to dismiss (Doc. 3) is DENIED AS MOOT. DATED this ll#, day ofNovember, 015. Dana L. Christensen, Chief Judge United States District Court -2-

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