Esquivel et al v. Countrywide Home Loans et al

Filing 37

ORDER that 18 Motion for Leave to File an Amended Complaint is GRANTED. Amended Complaint due within 5 days. IT IS FURTHER ORDERED that 22 Motion for Declaratory Judgment is DENIED. IT IS FURTHER ORDERED that 4 , 8 , and 10 Motions to Dismiss are DENIED as moot. Signed by Judge James C. Mahan on 5/5/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LORI ESQUIVEL, et al.,

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Case No. 2:15-CV-135 JCM (NJK)
Plaintiff(s),

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ORDER

v.

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COUNTRYWIDE HOME LOANS, INC., et al.,

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Defendant(s).

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Presently before the court is pro se plaintiffs Lori and Joseph Esquivel’s motion for leave

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to file an amended complaint. (Doc. # 18). Defendants Bank of America, N.A. (“BANA”),

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Countrywide Home Loans, Inc. (“Countrywide”), CTC Real Estate Services (“CTC”), Federal

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National Mortgage Association (“FNMA”), Green Tree Servicing, LLC (“Green Tree”), Mortgage

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Electronic Registration Systems, Inc. (“MERS”) filed oppositions (docs. ## 20, 23), which MTC

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Financial, Inc. (“MTC”) joined (doc. # 21). Plaintiffs filed replies. (Docs. ## 24, 30).

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Also before the court is plaintiffs’ motion for declaratory judgment.

(Doc. # 22).

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Defendants BAC Home Loans (“BAC”), BANA, CTC, Countrywide, FNMA, Green Tree, and

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MERS filed responses (docs. ## 25, 27), and plaintiffs filed replies (docs. ## 33, 34).

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I.

Plaintiffs’ unnecessary motion for leave to amend complaint (doc. # 18)

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On February 18, 2015, defendant BAC filed a motion to dismiss plaintiff’s complaint.

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(Doc. # 4). Defendants FNMA, Green Tree, MERS, and MTC subsequently filed motions to

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dismiss. (Docs. ## 8, 10).

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On March 9, 2015, plaintiffs filed the instant motion for leave to file an amended complaint.

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(Doc. # 18). Under Federal Rule of Civil Procedure 15, plaintiffs were able to amend their pleading

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as a matter of course within 21 days of service of BAC’s February 18, 2015, motion to dismiss.

James C. Mahan
U.S. District Judge

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See Fed. R. Civ. P. 15(b). Plaintiffs are proceeding pro se and accordingly were not aware of their

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ability to amend without leave from the court. Plaintiffs instead filed the instant motion to amend

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their complaint in full compliance with local rules.

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Because plaintiffs are proceeding pro se and were allowed to amend their complaint as a

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matter of course at the time the instant motion was filed, the court finds it appropriate to allow

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plaintiffs to amend their complaint as would have been permitted by Federal Rule of Civil

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Procedure 15(b).

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The court will order plaintiffs to file an amended complaint identical to that attached to the

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motion to amend (doc. # 18) within five days of the entry of this order. Because defendants’

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motions to dismiss are made with respect to the original complaint, defendants’ motions will be

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denied as moot. Defendants may file revised motions to dismiss to address plaintiff’s amended

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complaint.

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II.

Plaintiffs’ motion for declaratory judgment (doc. # 22)

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The Declaratory Judgment Act provides that “any court of the United States, upon the filing

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of an appropriate pleading, may declare the rights and other legal relations of any interested party

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seeking such declaration.” 28 U.S.C. § 2201(a). Under the Declaratory Judgment Act, district

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courts have “substantial discretion” to decline to exercise jurisdiction over an action for declaratory

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relief. Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995).

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Declaratory relief is a remedy that may only “be afforded to a party after he has sufficiently

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established and proven his claims.” Freeto v. Litton Loan Serv., LP, no. 3:09–cv–754-LRH-VPC,

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2011 WL 112183, at *3 (D. Nev. Jan. 12, 2011) (dismissing claims for declaratory relief and

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permanent injunction). Plaintiffs have not proven the claims for which they seek declaratory relief.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs’ motion for

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leave to file an amended complaint (doc. # 18) be, and the same hereby is, GRANTED. Plaintiffs

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shall file an amended complaint identical to that attached to the motion to amend (doc. # 18) within

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five days of the entry of this order.

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James C. Mahan
U.S. District Judge

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IT IS FURTHER ORDERED that plaintiffs’ premature motion for declaratory judgment
(doc. # 22) be, and the same hereby is, DENIED.
IT IS FURTHER ORDERED that defendants’ motions to dismiss (docs. ## 4, 8, 10) are
hereby DENIED as moot.
DATED May 5, 2015.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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