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Wineke v. Homeq Servicing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 7, 2009

JANICE WINEKE, PLAINTIFF,
v.
HOMEQ SERVICING, UNKNOWN BUSINESS ENTITY; OLD REPUBLIC DEFAULT MANAGEMENT SERVICING, AN UNKNOWN BUSINESS ENTITY; AND DOES 1-50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER

(1) GRANTING PLAINTIFF'S MOTION TO AMEND, and (2) DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS [Doc. Nos. 5, 3]

Before the Court is Defendant HomEq Servicing's Motion to Dismiss Plaintiff's Complaint under Federal Rule of Civil Procedure 12(b)(6). [Doc. No. 3]. On September 29, 2009, Plaintiff filed a Combined Motion to Amend and Motion to Remand, seeking inter alia leave to amend her complaint. [Doc. No. 5]. Because this is Plaintiff's first amendment of her complaint and because no "responsive pleading" has yet been filed, Plaintiff is entitled to amend her complaint "as a matter of course." See FED. R. CIV. P. 15(a)(1)(A). Accordingly, the Court GRANTS Plaintiff's Motion to Amend and DENIES AS MOOT Defendant's Motion to Dismiss. The Clerk of Court is directed to file Plaintiff's Verified First Amended Complaint, which is attached as Exhibit 1 to Plaintiff's Combined Motion to Amend and Motion to Remand.

Moreover, the Court hereby VACATES the hearing associated with Defendant's Motion to Dismiss, which was set for October 13, 2009 at 10:30 a.m.

IT IS SO ORDERED.

20091007

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