Goff v. Ocean Harbor Casualty Insurance Company

E.D. Louisiana

Goff v. Ocean Harbor Casualty Insurance Company

District Court, E.D. Louisiana·Decided January 13, 2025·No. 2:24-cv-01935·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

ADDISON KENNON GOFF, IV AND SHELLEY ANN CIVIL ACTION GOFF

VERSUS NO. 24-1935

OCEAN HARBOR CASUALTY INSURANCE SECTION “A” (2) COMPANY

ORDER On December 13, 2024, Magistrate Judge Donna Phillips Currault granted Plaintiffs’ Motion for Leave to File First Amended Complaint (Rec. Doc. 8), which was filed in response to Defendant’s F.R.C.P. 12(b)(6) Motion to Dismiss (Rec. Doc. 5). (Rec. Doc. 12). Plaintiffs subsequently filed their amended complaint on December 16, 2024. (Rec. Doc. 13). Courts in the Eastern District of Louisiana have routinely found that the proper course is to deny a Rule 12 motion as moot where a complaint is amended after the motion is filed. Harrison v. John W. Stone Oil Distribs., LLC, No. 23-5037, 2023 WL 7498157, at *1–2 (E.D. La. Nov. 13, 2023) (citations omitted); Dixon v. Youngblood, No. 20-743, 2021 WL 765380, at *1–2 (E.D. La. Feb. 26, 2021) (citations omitted); Kelly v. Domingue, No. 20-1496, 2020 WL 5877883, at *1–2 (E.D. La. Oct. 2, 2020) (citations omitted). While a court may apply a pending Rule 12 motion to a newly amended complaint, “if applying the pending motion to the amended complaint would cause confusion or detract from the efficient resolution of the issues, then it makes sense to require the defendant to file a new motion specifically addressing the amended complaint.” 1 Steven S. Gensler, Federal Rules of Civil Procedure, Rules and Commentary Rule 15. Further, when an amended complaint alleges more specific facts, as the amended complaint does here, the motion to dismiss an earlier version of the complaint may be denied as moot. Hinojosa v. Merchs. & Pro. Bureau, Inc., No. 1:19-CV-835-RP, 2020 WL 13413469, at *2 (W.D. Tex. April 30, 2020) (citations omitted). Accordingly; IT IS ORDERED that Defendant’s F.R.C.P. 12(b)(6) Motion to Dismiss (Rec. Doc. 5) is DENIED AS MOOT. IT IS FURTHER ORDERED that the defendant shall respond to Plaintiffs’ First Amended Complaint (Rec. Doc. 13) in accordance with the Federal Rules of Civil Procedure within 14 days of this order’s entry. January 13, 2025 3 Loaop □□ Ros Sere ict JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

ADDISON KENNON GOFF, IV AND SHELLEY ANN CIVIL ACTION GOFF

VERSUS NO. 24-1935

OCEAN HARBOR CASUALTY INSURANCE SECTION “A” (2) COMPANY

ORDER On December 13, 2024, Magistrate Judge Donna Phillips Currault granted Plaintiffs’ Motion for Leave to File First Amended Complaint (Rec. Doc. 8), which was filed in response to Defendant’s F.R.C.P. 12(b)(6) Motion to Dismiss (Rec. Doc. 5). (Rec. Doc. 12). Plaintiffs subsequently filed their amended complaint on December 16, 2024. (Rec. Doc. 13). Courts in the Eastern District of Louisiana have routinely found that the proper course is to deny a Rule 12 motion as moot where a complaint is amended after the motion is filed. Harrison v. John W. Stone Oil Distribs., LLC, No. 23-5037, 2023 WL 7498157, at *1–2 (E.D. La. Nov. 13, 2023) (citations omitted); Dixon v. Youngblood, No. 20-743, 2021 WL 765380, at *1–2 (E.D. La. Feb. 26, 2021) (citations omitted); Kelly v. Domingue, No. 20-1496, 2020 WL 5877883, at *1–2 (E.D. La. Oct. 2, 2020) (citations omitted). While a court may apply a pending Rule 12 motion to a newly amended complaint, “if applying the pending motion to the amended complaint would cause confusion or detract from the efficient resolution of the issues, then it makes sense to require the defendant to file a new motion specifically addressing the amended complaint.” 1 Steven S. Gensler, Federal Rules of Civil Procedure, Rules and Commentary Rule 15. Further, when an amended complaint alleges more specific facts, as the amended complaint does here, the motion to dismiss an earlier version of the complaint may be denied as moot. Hinojosa v. Merchs. & Pro. Bureau, Inc., No. 1:19-CV-835-RP, 2020 WL 13413469, at *2 (W.D. Tex. April 30, 2020) (citations omitted). Accordingly; IT IS ORDERED that Defendant’s F.R.C.P. 12(b)(6) Motion to Dismiss (Rec. Doc. 5) is DENIED AS MOOT. IT IS FURTHER ORDERED that the defendant shall respond to Plaintiffs’ First Amended Complaint (Rec. Doc. 13) in accordance with the Federal Rules of Civil Procedure within 14 days of this order’s entry. January 13, 2025 3 Loaop □□ Ros Sere ict JUDGE

Goff v. Ocean Harbor Casualty Insurance Company, (E.D. La. 2025).

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