Devlin et al v. Wells Fargo Bank, N.A.

Filing 10

ORDER denying 4 Motion to Dismiss; denying 6 Motion to Amend/Correct. Signed by District Judge Martin Reidinger on 8/12/13. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00388-MR

WILLIAM N. DEVLIN and wife
CARRIE LUCKSAVAGE,

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Plaintiffs,
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vs.
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WELLS FARGO BANK, N.A.,
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Defendant.
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ORDER

THIS MATTER is before the Defendant’s Motion to Dismiss [Doc. 4]
and the Plaintiff’s Motion to Amend Complaint [Doc. 6].
The Defendant has moved to dismiss the Plaintiff’s Complaint
pursuant to Rule 12(b)(6) of the Federal Rules of Civil procedure. [Doc. 4].
In response, the Plaintiff filed the present Motion to Amend Complaint [Doc.
6]. The Defendant opposes the Plaintiff’s Motion to Amend, arguing that
any such amendment would be futile. [Doc. 9].
A party may amend its pleading once as a matter of course within 21
days after service of a motion under Rule 12(b).

Fed. R. Civ. P.

15(a)(1)(B). As such, the Plaintiff does not require leave of Court in order
to file an Amended Complaint.
Upon the filing of an Amended Complaint, the Defendant’s pending
Motion to Dismiss will be rendered moot. The Defendant has the right to
renew such motion once the Amended Complaint is filed.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion to Amend
Complaint [Doc. 6] is DENIED AS MOOT.

The Plaintiff shall file its

Amended Complaint within fourteen (14) days of the entry of this Order.
IT IS FURTHER ORDERED that the Defendant’s Motion to Dismiss
[Doc. 4] is DENIED AS MOOT. The Defendant may renew its Motion to
Dismiss upon service of the Amended Complaint.
IT IS SO ORDERED.

Signed: August 12, 2013

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