Cole v. Wells Fargo Bank, N.A.

Filing 9

ORDER denying as moot the 5 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Martin Reidinger on 04/20/2015. (klb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00039-MR

SCOTT COLE, III,

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Plaintiff,
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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. 5]
and the Plaintiff’s Amended Complaint [Doc. 7].
The Defendant has moved to dismiss the Plaintiff’s Complaint pursuant
to Rule 12(b)(6) of the Federal Rules of Civil Procedure. [Doc. 5]. In
response, the Plaintiff filed an Amended Complaint pursuant to Rule
15(a)(1)(B) of the Federal Rules of Civil Procedure. [Doc. 7]. With the filing
of the Amended Complaint, the Defendant’s pending Motion to Dismiss is
rendered moot.
IT IS, THEREFORE, ORDERED that the Defendant’s Motion to
Dismiss [Doc. 5] is DENIED AS MOOT.

IT IS SO ORDERED.
Signed: April 20, 2015

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