Accident Insurance Company v. Greg Kennedy Builder, Inc. et al
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
ACCIDENT INSURANCE COMPANY,
GREG KENNEDY BUILDER, INC.,
CIVIL ACTION NO. 15-00306-B
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.
After Defendants filed a motion seeking the dismissal of
seeking a declaration that it owes no duty to either defend
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
abandoned by the amendment, and is no longer a part of the
Bank AG, Dresdner Bank AG in Hamburg v. M/V Olympia Voyager, 463
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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