HASTINGS v. OCWEN LOAN SERVICING, LLC, JKB-14-2244. (2014)
Court: District Court, D. Maryland
Number: infdco20140819837
Visitors: 3
Filed: Aug. 18, 2014
Latest Update: Aug. 18, 2014
Summary: MEMORANDUM AND ORDER JAMES K. BREDAR, District Judge. This case was filed May 23, 2014, in Maryland state court (Compl., ECF No. 2) and removed to this Court on July 14, 2014 (ECF No. 1). Defendant's "answer" was included in its state court notice of filing notice of removal, a copy of which was filed in this Court. (ECF No. 4.) There, Defendant entered a general denial to the complaint. ( See Mem. & Order 2, ECF No. 10 (deeming the state court filing also filed in this Court as Defendant's
Summary: MEMORANDUM AND ORDER JAMES K. BREDAR, District Judge. This case was filed May 23, 2014, in Maryland state court (Compl., ECF No. 2) and removed to this Court on July 14, 2014 (ECF No. 1). Defendant's "answer" was included in its state court notice of filing notice of removal, a copy of which was filed in this Court. (ECF No. 4.) There, Defendant entered a general denial to the complaint. ( See Mem. & Order 2, ECF No. 10 (deeming the state court filing also filed in this Court as Defendant's o..
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MEMORANDUM AND ORDER
JAMES K. BREDAR, District Judge.
This case was filed May 23, 2014, in Maryland state court (Compl., ECF No. 2) and removed to this Court on July 14, 2014 (ECF No. 1). Defendant's "answer" was included in its state court notice of filing notice of removal, a copy of which was filed in this Court. (ECF No. 4.) There, Defendant entered a general denial to the complaint. (See Mem. & Order 2, ECF No. 10 (deeming the state court filing also filed in this Court as Defendant's operative answer).) Belatedly, Defendant filed a motion to dismiss the original complaint under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 9.) Because Plaintiff has timely filed as of right an amended complaint that is significantly different from the original complaint, it would be unproductive to treat the late-filed motion to dismiss as a motion for judgment on the pleadings under Rule 12(c). Instead, the motion (ECF No. 9) is hereby DENIED WITHOUT PREJUDICE.
Source: Leagle
