Larkins et al v. Fifth Third Mortgage Company

Filing 5

ENTRY AND ORDER re #4 STIPULATION OF ALL PARTIES FOR AMENDMENT OF PLEADINGS filed by Anne K. Larkins and Robert J. Larkins: Plaintiffs are directed to file their Amended Complaint (Doc. 4-1) in the docket within three business days of this Entry and Order. Defendants shall respond to the Amended Complaint as permitted by the Federal Rules of Civil Procedure. Signed by Judge Thomas M. Rose on 8/25/17. (ep)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROBERT LARKINS, et al.,
Plaintiffs,
v.
FIFTH THIRD MORTGAGE COMPANY,
Defendant.

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Case No. 3:17-cv-169
Judge Thomas M. Rose

ENTRY AND ORDER RE: STIPULATION OF ALL PARTIES FOR
AMENDMENT OF PLEADINGS (DOC. 4)
This case is before the Court on the Stipulation of All Parties for Amendment of
Pleadings (the “Stipulation”) (Doc. 4). The parties have agreed that Plaintiffs Robert J.
Larkins and Anne K. Larkins may amend their Complaint pursuant to Fed. R. Civ. P.
15(a)(2). They attach a copy of the proposed Amended Complaint, which is revised to
include a citation to 12 CFR 1026.36(c)(3) in Paragraph 38.
Under Rule 15(a)(2), a plaintiff may amend his or her complaint “only with the
opposing party’s written consent or the court’s leave.” Here, Plaintiffs have Defendant
Fifth Mortgage Company’s written consent so they do not require the Court’s leave.
Accordingly, Plaintiffs are directed to file their Amended Complaint (Doc. 4-1) in the
docket within three business days of this Entry and Order. Defendants shall respond to
the Amended Complaint as permitted by the Federal Rules of Civil Procedure.
DONE and ORDERED in Dayton, Ohio, this Friday, August 25, 2017.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE