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Dixon v. Midland Mortgage Co.
Citation: Not availableDocket: Civil Action No. 2009-1789
Court: District Court, District of Columbia; August 27, 2010; Federal District Court
Original Court Document: View Document
Ron Dixon, as Conservator for Beatrice Jiggetts, filed a civil action against Midland Mortgage Co. in the United States District Court for the District of Columbia, initially raising claims of breach of contract, trespass, and conversion. Following the defendant’s removal of the case from the Superior Court on September 21, 2009, they moved to dismiss the complaint on September 28, 2009, under Federal Rule of Civil Procedure 12(b)(6). On June 29, 2010, the court granted the motion to dismiss the conversion claim but denied it regarding the breach of contract and trespass claims. Subsequently, on August 2, 2010, the plaintiff submitted an amended complaint to add a wrongful eviction claim without seeking the court's permission or the defendant's consent, which is required under Rule 15(a). The court found that the plaintiff's amendment was untimely and lacked necessary approvals, resulting in the order to strike the amended complaint. The order was signed by Judge Richard W. Roberts on August 27, 2010.