Citation Codes Equivalent Citations citation codes Docket Number Case No. 4:05cv167. Motions Motion to dismiss : Denied Motion to dismiss : Denied Judges Michael P. Mills See more information ... Smart Summary Please sign up to generate summary. OPINION JAMES SHELLEY and PATRICIA SHELLEY Plaintiffs, v. COLDWELL BANKER REAL ESTATE CORPORATION, ET AL. Defendants. ORDER MICHAEL MILLS, District Judge Defendants Coldwell Banker and Bank of Commerce have each filed motions for dismiss, arguing that plaintiffs' complaint should be dismissed for failure to comply with relevant Fifth Circuit precedent relating to the particularity of pleadings in statutory fraud actions. See, e.g. United States v. Humana Plan of Texas, Inc., 336 F.3d 375, 384 (5th Cir. 2003). In their response, plaintiffs deny that their complaint fails to meet the required standards for particularity, but they have nevertheless offered to file an amended complaint setting forth more detailed allegations against defendants. The court has determined to accept plaintiffs' offer in this regard, and it is therefore ordered that plaintiffs file such an amended complaint within thirty days of this court's order today. In light of the court's conclusion in this regard, it is unnecessary to consider whether the complaint in this case is so lacking in particularity as to warrant dismissal. In light of the foregoing, it is ordered that plaintiffs file an amended complaint setting forth more detailed allegations within thirty days. Defendants' motions to dismiss [6-1, 49-1] are dismissed without prejudice. SO ORDERED.