Leung et al v. BAC Home Loans Servicing,LP et al

Filing 7

ORDER Denying as unnecessary 5 Motion to Amend Complaint; and 6 Amended Motion to Amend Complaint. FURTHER ORDERED that the Clerk shall file the Amended Complaint [6-1]. Signed by Magistrate Judge Cam Ferenbach on 8/28/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiffs,
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v.
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COUNTRYWIDE HOME LOAN ASS-LP, et al., )
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Defendants.
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FUNG YING LEUNG, et al.,

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2:12-cv-01393-JCM -VCF
ORDER
(Motions To Amend Complaint #5 & #6)

Before the court are pro se plaintiffs Fung Ying Leung and Wai Hung Ha’s Motion To Amend

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Complaint (#5) and Amended Motion To Amend Complaint (#6).

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Background

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On August 7, 2012, pro se plaintiffs Leung and Ha filed their complaint. (#1). On the same day,

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summons were issued as to defendants Countrywide Home Loan Ass-LP, Mortgage Electronic

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Registration Systems, Inc., and Ocwen Home Loans Servicing, LP. (#4). On August 17, 2012,

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plaintiffs Leung and Ha filed the motion to amend their complaint. (#5). On August 20, 2012, plaintiffs

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Leung and Ha filed an amended motion to amend their complaint (#6), and provided the court with a

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proposed amended complaint (#6-1).

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Motion To Amend

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Pursuant to Federal Rule of Civil Procedure 15, “[a] party may amend its pleading once as a

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matter of course within 21 days after serving it, or if the pleading is one to which a responsive pleading

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is required, 21 days after service of a responsive pleading or 21 days after service of a motion under

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Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(A) and (B). Defendants have not

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yet filed an answer to the original complaint, and plaintiffs Leung and Ha filed the instant motions (#5

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& 6) on August 17, 2012 and August 20, 2012. Thus, plaintiffs Leung and Ha may amend their

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complaint “as a matter of course,” without seeking leave of the court. Id.

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Accordingly, and for good cause shown,

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IT IS ORDERED that pro se plaintiffs Fung Ying Leung and Wai Hung Ha’s Motion To Amend

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Complaint (#5) and Amended Motion to Amend Complaint (#6) are DENIED as unnecessary.
IT IS FURTHER ORDERED that the Clerk of the Court shall file the Amended Complaint (#6-

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1).
DATED this 28th day of August, 2012.

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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