DIANE SIGMUND, Bankruptcy Judge
AND NOW, this 9th day of June 2003, upon consideration of the Motions to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by (1) defendant EMC Mortgage Corporation ("EMC") seeking dismissal of Counts I, II and III of the above-captioned adversary proceeding and (2) LaSalle Bank, N.A ("LaSalle") seeking dismissal of Counts II and III, and after notice and hearing and for the reasons stated in the foregoing Memorandum Opinion;
It is hereby ORDERED that:
1. The Complaint is DISMISSED as to EMC only upon its filing an amended proof of claim stating, consistent with its admissions in this contested matter, that its is the servicer of the Loan owned by LaSalle and filing the claim in that capacity;
2. Count III of the Complaint is DISMISSED with leave for Plaintiff to amend to state, if it can, a claim that is not barred by the statute of limitations. The Plaintiff shall file such amendment on or before June 24, 2003.
3. Within fifteen (15) days of the earlier of (a) service of the amended complaint or (b) June 24, 2003, LaSalle, and EMC if it fails to fulfill the condition of paragraph 1 herein, shall file an answer to the Complaint.