Legg v. Leaders Life Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT LEGG, on behalf of ) himself and all others similarly situated, ) ) Plaintiff, ) V. ) Case No. CIV-21-655-D ) LEADERS LIFE INSURANCE COMPANY _ ) ) Defendant. ) ORDER Pending before the Court is Defendant’s Motion to Dismiss Plaintiff's Complaint [Doc. No. 8]. In response, Plaintiff has filed an Amended Complaint [Doc. No. 9] pursuant to Fed. R. Civ. P. 15(a)(1)(B). Upon consideration, the Court finds Defendant’s Motion directed at Plaintiff's original pleading is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180-81 (10th Cir. 2015); Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007).

IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss [Doc. No. 8] is DENIED without prejudice to a new filing in response the Amended Complaint.

IT IS SO ORDERED this 1* day of October 2021.

□□ \ Oy my OQ. Pa TIMOTHY D. DeGIUSTI Chief United States District Judge