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Floyd Knapp v. Jp Morgan Chase Bank

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


May 19, 2011

FLOYD KNAPP, PLAINTIFF,
v.
JP MORGAN CHASE BANK, N.A., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows U. S. Magistrate Judge

ORDER

Presently before the court is defendants' motion to dismiss, filed November 3, 2010, and re-noticed on March 24, 2011. Plaintiff filed an opposition, to which defendants have filed a reply.*fn1 Plaintiff also has filed a proposed amended complaint which he has attached to his opposition, and for which he seeks leave to amend. (Opp., Ex. 1.) That request will be granted.

Accordingly, IT IS ORDERED that: 1. Defendants' motion to dismiss, filed November 3, 2010, (dkt. # 5), as amended on March 24, 2011, (dkt. # 21), is vacated as moot.

2. Plaintiff's request to file an amended complaint is granted. The proposed amended complaint, filed January 28, 2011, (dkt. # 15, Ex. 1), is deemed filed as of the filed date of this order.

3. Defendants shall file and serve a response to the amended complaint within 28 days of this order.


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