Opinion
CIV-21-655-D
10-01-2021
ROBERT LEGG, on behalf of himself and all others similarly situated, Plaintiff, v. LEADERS LIFE INSURANCE COMPANY Defendant.
ORDER
TIMOTHY D. DeGIUSTI Chief United States District Judge
Pending before the Court is Defendant's Motion to Dismiss Plaintiffs 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 Plaintiffs 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 1st day of October 2021.