Lee v. Health Care Service Corporation

W.D. Oklahoma

Lee v. Health Care Service Corporation

DecidedJanuary 10, 2025

Docket5:24-cv-01145

StatusUnknown

This text of Lee v. Health Care Service Corporation (Lee v. Health Care Service Corporation) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lee v. Health Care Service Corporation, (W.D. Okla. 2025).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA REBECCA LEE, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-1145-D ) HEALTH CARE SERVICE )

CORPORATION, a Mutual Legal ) Reserve Company, d/b/a BLUE CROSS ) BLUE SHIELD OF OKLAHOMA, ) ) Defendant. )

ORDER Before the Court is Defendant’s Motion to Dismiss [Doc. No. 13]. In response, Plaintiff timely filed an Amended Complaint [Doc. No. 15], as authorized by FED. R. CIV. P. 15(a)(1)(B). Upon consideration, the Court finds that Defendant’s motion to dismiss, directed at Plaintiff’s original pleading, is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (amended complaint supersedes the original); see also Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180-81 (10th Cir. 2015). IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss [Doc. No. 13] is DENIED as MOOT. Defendant may resubmit a motion to dismiss, if appropriate, in response to the Amended Complaint [Doc. No. 15]. In light of this Order, Plaintiff’s Unopposed Motion for Extension of Deadline for Response to Defendant’s Motion to Dismiss [Doc. No. 14] is DENIED as MOOT. IT IS SO ORDERED this 10" day of January, 2025.

Ny Q. TIMOTHY D. DeGIUSTI Chief United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA REBECCA LEE, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-1145-D ) HEALTH CARE SERVICE )

CORPORATION, a Mutual Legal ) Reserve Company, d/b/a BLUE CROSS ) BLUE SHIELD OF OKLAHOMA, ) ) Defendant. )

ORDER Before the Court is Defendant’s Motion to Dismiss [Doc. No. 13]. In response, Plaintiff timely filed an Amended Complaint [Doc. No. 15], as authorized by FED. R. CIV. P. 15(a)(1)(B). Upon consideration, the Court finds that Defendant’s motion to dismiss, directed at Plaintiff’s original pleading, is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (amended complaint supersedes the original); see also Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180-81 (10th Cir. 2015). IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss [Doc. No. 13] is DENIED as MOOT. Defendant may resubmit a motion to dismiss, if appropriate, in response to the Amended Complaint [Doc. No. 15]. In light of this Order, Plaintiff’s Unopposed Motion for Extension of Deadline for Response to Defendant’s Motion to Dismiss [Doc. No. 14] is DENIED as MOOT. IT IS SO ORDERED this 10" day of January, 2025.

Ny Q. TIMOTHY D. DeGIUSTI Chief United States District Judge

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