Bank of America, N.A. v. Redrock Park Homeowner's Association, et al

Filing 82

ORDER Granting Plaintiff's 81 Unopposed Motion for Leave to File to File Amended Complaint. Defendants' 7 and 8 Motions to Dismiss are Denied without prejudice as moot. Signed by Judge James C. Mahan on 10/11/2016. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 BANK OF AMERICA, N.A., 8 9 10 11 12 Case No. 2:16-CV-659 JCM (NJK) Plaintiff(s), ORDER v. REDROCK PARK HOMEOWNERS ASSOCIATION, et al., Defendant(s). 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge Presently before the court is plaintiff Bank of America, N.A.’s (“BANA”) unopposed motion for leave to file amended complaint. (ECF No. 81). Federal Rule of Civil Procedure 15(a) provides that leave to amend “shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a). The United States Supreme Court has interpreted Rule 15(a) and confirmed the liberal standard district courts must apply when granting such leave. In Foman v. Davis, the Supreme Court explained: “[i]n the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc.—the leave sought should, as the rules require, be ‘freely given.’” 371 U.S. 178, 182 (1962). Further, Local Rule 15-1(a) requires that a plaintiff submit a proposed, amended complaint along with its motion to amend. LR 15-1(a). Plaintiff has included a proposed amended complaint with its motion to amend in compliance with this rule. (ECF No. 33-1). Furthermore, defendant does not oppose plaintiff’s motion. (ECF No. 36). 1 2 Based on the foregoing, the court finds good cause to grant plaintiff leave to amend its complaint. 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff’s unopposed 5 motion for leave to file amended complaint (ECF No. 81) be, and the same hereby is, GRANTED. 6 IT IS FURTHER ORDERED that defendants’ motions to dismiss (ECF Nos. 7, 8) be, and 7 8 9 10 the same hereby are, DENIED WITHOUT PREJUDICE as moot. DATED October 11, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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