Opinion
CIVIL ACTION NO. 2:18-CV-203
08-09-2018
ESTEBAN CRUZ, Plaintiff, v. STATE FARM LLOYDS, Defendant.
ORDER
Before the Court is Defendant's Motion for Partial Dismissal (D.E. 2). On August 8, 2018, Plaintiff timely filed an amended complaint (D.E. 9), which does not reference the earlier complaint (D.E. 1-1, pp. 2-13). "An amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleading." King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994) (citing Boelens v. Redman Homes, Inc., 759 F.2d 504, 508 (5th Cir.1985)). A Rule 12(b)(6) motion addressed to a superseded complaint is moot. See generally, Van Deelen v. Cain, 628 F. App'x 891, 900 (5th Cir. 2015) (noting that prior motions to dismiss had been mooted by prior amended complaints). See also, Maxim Integrated Prod., Inc. v. State Farm Mut. Auto. Ins. Co., No. SA-14-CV-1030-XR, 2015 WL 10990119, at *1 (W.D. Tex. Feb. 12, 2015) (citing Merritt v. Fogel, 349 F. App'x 742, 745 (3d Cir. 2009)). Consequently, the Court TERMINATES AS MOOT Defendant's Motion to Dismiss (D.E. 2).
ORDERED this 9th day of August, 2018.
/s/_________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE