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Donald S. Schwarzkopf; and Margaret O'neil Schwarzkopf v. Jp Morgan Chase Bank

May 29, 2012

DONALD S. SCHWARZKOPF; AND MARGARET O'NEIL SCHWARZKOPF, PLAINTIFFS,
v.
JP MORGAN CHASE BANK, N.A.; AND DOES 1-25, DEFENDANTS.



The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER RE: Defendant's Motion to Dismiss Plaintiffs' Complaint [7]

On March 9, 2012, Plaintiffs Donald S. Schwarzkopf and Margaret O'Neil Schwarzkopf ("Plaintiffs") filed a Complaint in Los Angeles Superior Court and alleged claims for negligence, declaratory relief, and indemnity against Defendant JP Morgan Chase Bank, N.A. ("Defendant") [1]. On April 13, 2012, Defendant removed the action to this Court [1].

On April 20, 2012, Defendant filed a Motion to Dismiss Plaintiffs' Complaint [7]. Thereafter, on April 30, 2012, Plaintiffs filed a First Amended Complaint as a matter of course in compliance with Federal Rule of Civil Procedure 15(a)(1)(B) [15]. Consequently, the Court DENIES Defendant's Motion to Dismiss as moot. The June 1, 2012 hearing on this matter is VACATED, and no appearances are necessary.

IT IS SO ORDERED.

20120529

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