Donaghey v. Progressive Casualty Insurance Co et al
Filing
42
MEMORANDUM ORDER denying as moot 8 Motion to Strike. Signed by Judge S Maurice Hicks, Jr on 9/26/2024. (crt,Keifer, K)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
KATHY DONAGHEY
CIVIL ACTION NO. 24-0616
VERSUS
JUDGE S. MAURICE HICKS, JR.
PROGRESSIVE CASUALTY INSURANCE
CO., ET AL
MAGISTRATE JUDGE HORNSBY
MEMORANDUM ORDER
Kathy Donaghy (“Plaintiff”) filed this civil action in state court, and it was removed
based on an assertion of diversity jurisdiction. Some of the defendants filed a Motion to
Strike (Doc. 8) that asked the Court to strike certain allegations. Plaintiff originally
opposed the motion. She more recently filed an unopposed motion for leave to amend
her complaint (Doc. 36), in which she represented that the proposed amendment would
remove the content attacked in the motion to strike. Leave to amend was granted, and
Plaintiff filed a completely restated complaint, which supersedes the original and renders
it of no legal effect. See Boelens v. Redman Homes, Inc., 759 F.2d 504, 508 (5th Cir.
1985). Accordingly, the Motion to Strike (Doc. 8) is DENIED AS MOOT.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 26th day of September,
2024.
_____________________________________
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?