Zaldivar et al v. Bank of America, N.A.

Filing 9

ORDER entered DENYING 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Bank of America must file a motion to dismiss the plaintiffs amended complaint no later than September 15, 2017.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Download PDF
United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ALEJANDRO ZALDIVAR et al., Plaintiffs, VS. BANK OF AMERICA, N.A., Defendant. § § § § § § § § § August 23, 2017 David J. Bradley, Clerk CIVIL ACTION NO. H-17-2330 ORDER DENYING MOTION TO DISMISS The plaintiffs, Alejandro Zaldivar and Brian A. Brewer, filed their complaint in the Harris County District Court on June 3, 2017. Bank of America filed a timely Notice of Removal, (Docket Entry No. 1), on July 31, after receiving notice of the complaint on July 5. 28 U.S.C. § 1446(b). Pursuant to Rule 81(c)(2)(C), Bank of America had 7 days after filing its Notice of Removal to present any defenses or objections, which it did by filing a Rule 12(b)(6) Motion to Dismiss on August 4. (Docket Entry No. 4). Within 21 days of service of Bank of America’s motion, the plaintiffs filed an amended complaint as a matter of cause under Rule 15(a)(1)(B). (Docket Entry No. 8). Bank of America’s Motion to Dismiss, (Docket Entry No. 4), is denied without prejudice as moot. Bank of America must file a motion to dismiss the plaintiffs’ amended complaint no later than September 15, 2017. SIGNED on August 23, 2017, at Houston, Texas. ______________________________________ Lee H. Rosenthal Chief United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?