Opinion
Case No. 2:11-cv-2370 LKK DAD PS
10-26-2011
BRIAN GROVER, et al., Plaintiffs, v. OCWEN LOAN SERVICING LLC, et al., Defendants.
ORDER
Plaintiffs, proceeding pro se, commenced this action on September 8, 2011, by filing their complaint and paying the required filing fee. On September 19, 2011, the undersigned set this matter for a Status (Pretrial Scheduling) Conference on January 13, 2012.
On September 29, 2011, defendants Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as trustee under a pooling and servicing agreement (erroneously sued as Deutsche Bank National Trust Company) and Barclays Capital Real Estate, Inc., dba Homeq Servicing (erroneously sued as Homeq) filed a motion to dismiss plaintiff's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. No. 9.)
On October 17, 2011, plaintiffs filed a first amended complaint. (Doc. No. 17.) Plaintiffs' first amended complaint was filed in compliance with Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure. On October 20, 2011, defendants Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as trustree under a pooling and servicing agreement (erroneously sued as Deutsche Bank National Trust Company and Barclays Capital Real Estate, Inc., dba Homeq Servicing (erroneously sued as Homeq), filed a motion to dismiss plaintiffs' amended complaint and noticed the matter for hearing before the undersigned on December 2, 2011 at 10:00 a.m. in Courtroom 27.
Rule 15(a)(1)(B) provides that before trial a plaintiff may file an amended complaint once as a matter of course within twenty-one days after service of a motion to dismiss under Rule 12(b). Having done so, plaintiffs are advised that they may further amend their complaint only with defendants' written consent or leave of court.
Accordingly, IT IS ORDERED that:
1. The Status (Pretrial Scheduling) Conference set for Friday, January 13, 2012, before the undersigned is vacated;
2. Defendants' September 29, 2011 motion to dismiss plaintiffs' original complaint (Doc. No. 9) is denied as moot;
3. The parties shall appear at the December 2, 2011 hearing on defendants' motion to dismiss plaintiffs' amended complaint; and
4. Any party may appear at the December 2, 2011 hearing telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128 at least 48 hours before the scheduled hearing.
DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE