Knapp v. JP Morgan Chase Bank, NA

Full title: FLOYD KNAPP, Plaintiff, v. JP MORGAN CHASE BANK, N.A., et al., Defendants

Court: United States District Court, E.D. California

Date published: May 20, 2011

CIV. NO. S-10-2889 KJM GGH PS (E.D. Cal. May. 20, 2011)

Opinion

CIV. NO. S-10-2889 KJM GGH PS.

May 20, 2011

ORDER

GREGORY HOLLOWS, Magistrate Judge

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.¹ 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.

1 Because oral argument was determined to not be of material assistance, these matters were submitted on the briefs. E.D. Cal. L.R. 230(g).

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.

DATED: May 19, 2011