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Huestis v. Indymac Federal Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 30, 2009

MARK HUESTIS AND DIANE HUESTIS, PLAINTIFFS,
v.
INDYMAC FEDERAL BANK, HOME LOAN SERVICING, INDYMAC BANK, FSB, QUALITY LOAN SERVICE CORP., MORTGAGE ELECTRONIC SYSTEMS, INC., ABSOLUTE LOANS, INC. KEVIN DANIEL MCGILL, GARY HUNTER KNISELY AND DOES 1-20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER DENYING MOTION TO DISMISS AS MOOT REGISTRATION

On August 10, 2009, Defendant Mortgage Electronic Systems, Inc. filed a motion to dismiss Plaintiffs' complaint. (Docket No. 9.)

On September 4, 2009, however, Plaintiffs filed a First Amended Complaint (Docket No. 13.), which is now the operative pleading. See Hal Roach Studios, Inc. v. Richard Feiner and Co., 896 F.3d 1542, 1546 (9th Cir. 1989) (stating an amended complaint supercedes the prior complaint). Since the pending motion does not address the operative pleading, it is denied as moot.

20090930

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