Basham et al v. American National County Mutual Ins Co et al

Filing 249

ORDER finding as moot 229 Motion to Dismiss for Failure to State a Claim; finding as moot 6 Motion to Dismiss; finding as moot 10 Motion to Dismiss Case; finding as moot 23 Motion to Dismiss; finding as moot 25 Motion to Dismiss; findi ng as moot 29 Motion to Dismiss; finding as moot 39 Motion to Dismiss for Lack of Jurisdiction; finding as moot 49 Motion to Dismiss Case ; finding as moot 56 Motion to Dismiss Case. Defendants' answers or responsive pleadings to the Amended Complaint are due on or before February 24, 2014. Signed by Honorable Susan O. Hickey on February 18, 2014. (mll)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
EDDIE BASHAM, as administrator
of the estate of James Basham, and
FREDA MCCLENDON, individually
and as class representatives on behalf
of all similarly situated persons
V.

PLAINTIFFS

CASE NO. 4:12-CV-4005

AMERICAN NATIONAL COUNTY
MUTUAL INS. CO., et al.

DEFENDANTS
ORDER

On January 23, 2014, the Court granted Plaintiffs’ Motion for Leave to File First
Amended Complaint.

(ECF No. 245).

Plaintiffs’ First Amended Complaint was filed on

January 27, 2014. Plaintiffs’ original Complaint (ECF No. 5) is now inoperative and superseded
by the Amended Complaint. (ECF No. 246). Accordingly, the Court finds that Defendants’
pending motions to dismiss (ECF Nos. 6, 10, 23, 25, 29, 39, 49, 56, & 229), which are directed
to the original Complaint, should be and hereby are DENIED AS MOOT.

Per the Court’s

scheduling order (ECF No. 240), Defendants’ answers or responsive pleadings to the Amended
Complaint are due on or before February 24, 2014.
IT IS SO ORDERED this 18th day of February, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge