Opinion
NO. CIV. S-11-1772 LKK/DAD
08-24-2011
PATRICIA TONI KOEPSELL, an individual, Plaintiff, v. USAA aka UNITED SERVICES AUTOMOBILE ASSOCIATION, a form of business unknown and USAA FEDERAL SAVINGS BANK, a form of business unknown, Defendants.
ORDER
Defendants United Service Automobile Association's ("USAA")and USAA Federal Savings Bank have moved to dismiss USAA from the above captioned case and to dismiss several of plaintiff's claims against USAA Federal Savings Bank for failure to state a claim. On August 15, 2011, plaintiff filed an opposition to the motion in which she expressed her intention to file an amended complaint by August 22, 2011. Upon receipt of plaintiff's opposition, the court vacated the hearing on the motion and ordered plaintiff to file her amended complaint by August 22, 2011. Plaintiff timely filed her amended complaint
For the foregoing reasons, the court DENIES defendant's motion to dismiss (Doc. No. 9) without prejudice, as moot.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT