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