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Levy v. JP Morgan Chase

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 19, 2010

JACOB LEVY, PLAINTIFF,
v.
JP MORGAN CHASE, DEFENDANT.

The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge

ORDER: (1) GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT; [Doc. No. 12] (2) DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT [Doc. No. 8]

On August 3, 2010, Plaintiff Jacob Levy, proceeding pro se, filed a Complaint against Defendant JP Morgan Chase.*fn1 [Doc. No. 1.] Plaintiff alleges, inter alia, that Defendant engaged in illegal acts regarding the origination of the subject loan. The loan was secured by a deed of trust encumbering real property located at 2840-2842 Washington Street, Lemon Grove, CA 91945. On October 5, 2010, Defendant filed a Motion to Dismiss the Complaint. [Doc. No.8.] On October 15, 2010, Plaintiff filed a "Motion for Leave to Amend Complaint." [Doc. No. 12.]

Federal Rules of Civil Procedure, Rule 15(a) provides that a party's right to amend as a matter of course terminates "21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Fed.R.Civ.P. 15(a)(1)(B). As Plaintiff has a right to amend its pleading once as a matter of course and did not need the Court's approval to file an amended complaint, Plaintiff's motion ishereby GRANTED. Plaintiff shall file an amended complaint on or before October 26, 2010.

As such, Defendant's Motion to Dismiss is DENIED as moot and the December 6, 2010 motion hearing is hereby VACATED.

IT IS SO ORDERED.


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