Accident Insurance Company v. Greg Kennedy Builder, Inc. et al

Filing 18

ORDER finding as moot 14 Motion to Dismiss; finding as moot 17 Motion to Amend/Correct. Signed by Magistrate Judge Sonja F. Bivins on 8/20/2015. (srr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ACCIDENT INSURANCE COMPANY,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
GREG KENNEDY BUILDER, INC.,
et al.,
Defendants.

CIVIL ACTION NO. 15-00306-B

ORDER
This action is before the Court on Defendants’ Joint Motion
to Dismiss or For Stay Action (Doc. 14) and Defendant’s Motion
to Amend Deadlines Set in Order (Doc. 17).

In the original

complaint, Plaintiff requested a declaration that it owes no
duty to indemnify Defendants for any damages that may be awarded
against Defendants in an underlying state court action. (Doc.
1).

After Defendants filed a motion seeking the dismissal of

Plaintiff’s

complaint,

Plaintiff

filed

an

amended

complaint

seeking a declaration that it owes no duty to either defend
Defendants

in

the

underlying

civil

action,

nor

indemnify

Defendants for any damages that may be awarded in the underlying
action. (Docs. 14, 16).
Because Plaintiff's amended complaint is now the operative
pleading in this action; Defendants’ motion to dismiss is moot.
Pintando v. Miami-Dade Housing Agency, 501 F.3d 1241, 1243 (llth

Cir.

2007).

supersedes

(“As

the

a

general

former

matter,

pleading;

the

an

amended

original

pleading

pleading

is

abandoned by the amendment, and is no longer a part of the
pleader's

averments

against

his

adversary.")(quoting

Dresdner

Bank AG, Dresdner Bank AG in Hamburg v. M/V Olympia Voyager, 463
F.

3d

1210,

1215

(llth

Cir.

2006))(internal

quotation

marks

omitted); see De Sisto College, Inc. v. Line, 888 F.2d 755, 75758 (llth Cir. 1989) (acknowledging that the defendant's motion
to dismiss the first amended complaint was moot because the
plaintiff filed a second amended complaint); Meterlogic, Inc. v.
Copier Solutions, Inc., 185 F. Supp. 2d 1292, 1297 n.4 (S.D.
Fla. 2002) (noting that the plaintiff's filing of an amended
complaint "rendered moot the parties' previous pleadings and the
defendants' summary judgment and Daubert motions").
Accordingly, for the reasons set forth herein, Defendants’
motions are denied as moot.
DONE this 20th day of August, 2015.
/s/ SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE

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