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Steven D. Mclaren and Ramona v. Motion Reconstrust Company

January 12, 2011

STEVEN D. MCLAREN AND RAMONA H. MCLAREN,
PLAINTIFFS,
v.
MOTION RECONSTRUST COMPANY, N.A, ET
DEFENDANTS.



The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER GRANTING MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT [doc. #12] and DENYING AS MOOT AND WITHOUT PREJUDICE TO DISMISS [doc. #6]

Defendants moved to dismiss plaintiffs' first amended complaint ("FAC"). In response, plaintiffs, who are appearing pro se, filed a motion for leave file a second amended complaint ("SAC") and a response to defendants' motion. On January 10, 2011, defendants filed a notice of non-opposition to plaintiffs' motion for leave to file a SAC. Because defendants do not oppose the filing of a SAC, the Court will grant plaintiffs' motion. As a result, plaintiffs' SAC will supersede the FAC as a pleading and the court will treat the existing motion to dismiss as moot. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990).

Based on the foregoing, IT IS ORDERED denying without prejudice and as moot defendants' motion to dismiss the FAC. IT IS FURTHER ORDERED granting plaintiffs' motion to file a second amended complaint. Plaintiffs shall file and serve upon opposing counsel their SAC within ten days from the filing of this Order.

IT IS SO ORDERED.

COPY TO: HON. NITA L. STORMES UNITED STATES MAGISTRATE JUDGE

ALL PARTIES/COUNSEL

20110112

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