Adolphe v. Option One Mortgage Corporation et al

Filing 128

ORDER re: 124 Response and Motion for Judicial Assistance. Plaintiff's Amended Complaint (doc no. 123) is hereby stricken. Signed by Chief Judge Robert J. Conrad, Jr on 9/4/12. (Pro se litigant to be served by US Mail on 9/7/12.)(com)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-418-RJC
ROBYN ADOLPHE,

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Plaintiff,
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v.
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OPTION ONE MORTGAGE
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CORPORATION, et al.,
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Defendants.
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___________________________________ )

ORDER

THIS MATTER comes before the Court on a Defendant Geoffrey C. Hemenway’s
August 30, 2012 Motion for Judicial Assistance, (Doc. No. 124).
On January 12, 2012, Plaintiff filed, among other things, a Renewed Motion to Amend
Complaint and proposed Amended Complaint. On July 3, 2012, the Court granted Plaintiff’s
January 12, 2012 Motion for Leave to Amend Complaint, and noted that Plaintiff’s Amended
Complaint could be found in Docket Entry 72. See (Doc. No. 72 at 22-31). Between July 6,
2012 and July 31, 2012, Defendants filed various Motions to Dismiss Plaintiff’s Amended
Complaint. See (Doc. Nos. 96; 105; 109; 111; 113; 115). Plaintiff responded to Defendant
Hemenway’s Motion on August 8, 2012. See (Doc. No. 121). On August 17, 2012, Plaintiff
filed an Amended Complaint, misunderstanding the Court’s July 3, 2012 Order as allowing her
to do so. See (Doc. No. 123). On August 30, 2012, Defendant Hemenway filed the instant
Motion for Judicial Assistance, requesting clarification as to whether he should respond to
Plaintiff’s August 17, 2012 Amended Complaint. (Doc. No. 124). Defendant Hemenway is
correct that Plaintiff did not file a Motion for Leave to File a Second Amended Complaint, and
the Court therefore orders that Plaintiff’s August 17, 2012 Amended Complaint, (Doc. No. 123),

be stricken from the record. The Court further states that the Defendants need not respond to
Plaintiff’s August 17, 2012 Amended Complaint. Defendants’ Motions to Dismiss are under
advisement and the Court will issue an order on them as soon as practicable.
IT IS, THEREFORE, ORDERED that Plaintiff’s August 17, 2012 Amended
Complaint, (Doc. No. 123), is hereby STRICKEN from the record.

Signed: September 4, 2012

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