Opinion
Case No.: 1:18-cv-369
07-23-2019
ALLSTATE INSURANCE COMPANY Plaintiff, v. KENNETH R. JACKSON and WILMA S. JACKSON Defendants.
OPINION AND ORDER
This diversity action, brought pursuant to the Declaratory Judgments Act, 28 U.S.C. §2201, seeks a determination of whether and to what extent Plaintiff, Allstate Insurance Company ("Allstate") owes coverage to the Defendants, Kenneth and Wilma Jackson (collectively, "the Jacksons") under a Deluxe Homeowners Policy of Insurance issued by Allstate to the Jacksons insuring their residence. On November 28, 2018, Defendants filed a Motion to Dismiss Plaintiff's Complaint [DE 7] asserting that this Court should abstain from hearing Allstate's claim due to a pending state law proceeding. On February 4, 2018, the undersigned took the Motion to Dismiss under advisement and ordered supplemental briefing on the Motion. [DE 10]. Thereafter, on March 27, 2019, Allstate filed a Motion to Amend its Complaint adding a count of fraud to its original declaratory judgment action. [DE 14]. The Magistrate Judge granted that motion on April 23, 2019 [DE 15] and the Amended Complaint was formally filed on April 29, 2019. [DE17].
"Under normal circumstances, the filing of an amended complaint renders moot any pending motion to dismiss." Aqua Fin., Inc. v. Harvest King, Inc., No. 07-cv-015, 2007 WL 5404939, at *1 (W.D. Wis. Mar. 12, 2007). Accordingly, the filing of Allstate's Amended Complaint in this case moots Defendants' Motion to Dismiss. Thus, the Motion to Dismiss [DE 7] is DENIED. However, Defendants shall have 30 days to file a new motion to dismiss directed at the Amended Complaint setting forth all the grounds upon which Defendants seek dismissal. If the Jacksons file such a motion, the parties shall operate under the normal briefing schedule for motions to dismiss.
CONCLUSION
Based on the foregoing, the Defendants' Motion to Dismiss [DE 7] is DENIED. Defendants shall have 30 days to file a new Motion to Dismiss directed at the claims in the Amended Complaint if they choose to do so. Entered: July 23, 2019
s/ William C. Lee
United States District Court