Fenimore v. Diversified Crop Insurance Services

Filing 18

ORDER GRANTING LEAVE TO AMEND COMPLAINT AND DENYING AS MOOT MOTION TO DISMISS. Signed on 12/6/17 by Chief District Judge Greg Kays. (Strodtman, Tracy)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION BRAD FENIMORE, Plaintiff, v. CGB DIVERSIFIED SERVICE INC., Defendant. ) ) ) ) ) ) ) ) ) No. 5:17-CV-006075-DGK ORDER GRANTING LEAVE TO AMEND COMPLAINT AND DENYING AS MOOT MOTION TO DISMISS Now before the Court is CGB Diversified Service, Inc.’s (“Defendant”) Motion to Dismiss (Doc. 9). After Defendant filed the motion, Brad Fenimore (“Plaintiff”) filed a Second Amended Petition (Doc. 14) and a Motion to Amend (Doc. 15). After review and consideration, the Court GRANTS Plaintiff’s Motion to Amend, and DENIES AS MOOT Defendant’s Motion to Dismiss. Rule 15(a)(2) of the Federal Rules of Civil Procedure states that the Court should freely give leave to amend when justice so requires. Further, a motion to amend a complaint renders moot a motion to dismiss that complaint. See Pure Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002). Should it wish to do so, Defendant may file a motion to dismiss Plaintiff’s Second Amended Petition. Accordingly, Plaintiff’s Motion to Amend (Doc. 15) is GRANTED. Defendant’s Motion to Dismiss (Doc. 9) is DENIED AS MOOT. IT IS SO ORDERED. Dated: December 6, 2017 /s/ Greg Kays GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT

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