Pettit v. Pulte Mortgage LLC et al

Filing 53

ORDER Denying as moot 40 Motion for Judgment and 46 Motion to Extend Time to File Opposition to 40 Motion for Judgment. Signed by Judge Gloria M. Navarro on 12/22/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELLERY J. PETTIT,
Plaintiff,
vs.

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PULTE MORTGAGE LLC, et al.
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Defendants.

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Case No.: 2:11-cv-00149-GMN-PAL
ORDER

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Before the Court is Defendant JPMorgan Chase Bank, N.A., as successor by merger to

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Chase Home Finance LLC’s (“Chase”) Motion for Judgment on the Pleadings (ECF No. 40).

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Plaintiff Ellery J. Pettit filed a Response (ECF No. 43) and Defendant filed a Reply (ECF No.

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45). Plaintiff subsequently filed a “Motion to Extend Time for Opposition re 40 Motion for

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Judgment on the Pleadings” (ECF No. 46) which is more properly characterized as a motion for

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leave to file a sur-reply.

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This Court previously granted Defendants IBM Lender Business Process Services

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(“IBM LBPS”) and Mortgage Electronic Registration Systems’ (“MERS”) Motion to Dismiss

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(ECF No. 17). (See Order, ECF No. 39.) In that Order, the Court granted Plaintiff leave to

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amend his complaint against “Defendants IBM Lender Business Process Services and

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Mortgage Electronic Registration Systems.” Accordingly, Plaintiff filed an Amended

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Complaint on November 21, 2011. (Amended Complaint, ECF No. 44.)

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Plaintiff proceeded to add new defendants in his Amended Complaint. Plaintiff names

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Federal National Mortgage Association, MERS and Seterus, Inc. as defendants. It is well

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settled that an amended pleading supersedes the original complaint which thereafter is treated

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as nonexistent. See Bullen v. De Bretteville, 239 F.2d 824 (9th Cir. 1956). Therefore, the

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previously named parties to the original complaint, Chase, Pulte Mortgage LLC and IBM

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LBPS, are no longer parties to this suit.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant JPMorgan Chase Bank, N.A., as successor

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by merger to Chase Home Finance LLC’s, Motion for Judgment on the Pleadings (ECF No. 40)

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is DENIED as moot. Plaintiff Ellery J. Pettit’s “Motion to Extend Time for Opposition re 40

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Motion for Judgment on the Pleadings” (ECF No. 46) is also DENIED as moot.

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DATED this 22nd day of December, 2011.

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________________________________
Gloria M. Navarro
United States District Judge

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