Bentley v. American Home Mortgage Assets Trust 2007-3 Mortgage-Backed Pass-Through Certificates et al

Filing 16

MEMORANDUM DECISION denying 8 Motion to Strike. Signed by Judge Ted Stewart on 09/09/2009. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

COLLEEN J. BENTLEY, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO STRIKE MOTION TO DISMISS

vs.

AMERICAN HOME MORTGAGE ASSETS TRUST, et al., Defendants.

Case No. 2:09-CV-588 TS

Plaintiff moves to strike Defendants' Motion to Dismiss the Complaint on the ground that Plaintiff filed an amended complaint and therefore the Motion is moot. The Court finds that on August 4, 2009, Defendant Bentley filed an Answer to the Complaint.1 Therefore, pursuant to Fed.R.Civ.P. 15(a)(2), leave to amend was required before an amended complaint could be docketed. Accordingly, the proposed amended complaint was lodged2 but not docketed. It is therefore

1

Docket No. 8. Docket No. 9. 1

2

ORDERED that Plaintiff's Motion to Strike (Docket No. 8) the Motion to Dismiss is DENIED. DATED September 9, 2009. BY THE COURT:

_____________________________________ TED STEWART United States District Judge

2