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Aguilar v. Cabrillo Mortgage

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 9, 2009

ISMAEL AGUILAR, AN INDIVIDUAL; AND MARIA DOLORES HERNANDEZ, AN INDIVIDUAL, PLAINTIFFS,
v.
CABRILLO MORTGAGE; GMAC MORTGAGE; SBMC MORTGAGE; ETS SERVICES, LLC; AND SELECT PORTFOLIO SERVICING, INC., DEFENDANTS.

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

DENYING AS MOOT MOTION TO DISMISS [Doc. No. 4]

Currently before the Court is Defendant Select Portfolio Servicing, Inc.'s Motion to Dismiss pursuant to Rule 12(b)(6), filed on November 18, 2009 and scheduled for hearing on December 21, 2009. [Doc. No. 4]. On December 7, 2009, Plaintiffs filed their First Amended Complaint. [Doc. No. 5]. Because this is Plaintiffs' first amendment of their complaint, and because it was filed within "21 days after service of a motion under Rule 12(b)," Plaintiffs are entitled to amend "as a matter of course." See FED. R. CIV. P. 15(a)(1)(B). Accordingly, the Court DENIES AS MOOT Defendant's Motion to Dismiss and VACATES the hearing on Monday, December 21, 2009.

IT IS SO ORDERED.

20091209

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