Richardson v. Sterling Truck Corp.

Full title: DENIERA RICHARDSON, ET AL. v. STERLING TRUCK CORPORATION, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Mar 7, 2014

CIVIL ACTION NO. 3:13-cv-00113-BAJ-RLB (M.D. La. Mar. 7, 2014)

Opinion

CIVIL ACTION NO. 3:13-cv-00113-BAJ-RLB

03-07-2014

DENIERA RICHARDSON, ET AL. v. STERLING TRUCK CORPORATION, ET AL.

BRIAN A. JACKSON

RULING AND ORDER

Before the Court are two motions filed by Defendant Sterling Truck Corporation ("Sterling Truck") seeking dismissal of claims stated in Plaintiffs' FIRST AMENDED COMPLAINT (Doc. 5), pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Doc. 11; Doc. 12). In response to these Motions, Plaintiffs requested leave, and were allowed to file their SECOND AMENDED COMPLAINT (Doc. 23), which addresses concerns raised in Sterling Truck's Motions to Dismiss. Sterling Truck has not renewed its request for dismissal since Plaintiffs filed their Second Amended Complaint. Thus, because Plaintiffs' Second Amended Complaint (Doc. 23) is now the operative complaint, and because Sterling Truck has not renewed its request for dismissal of Plaintiffs' claims, Sterling Truck's previous Motions to Dismiss (Doc. 11; Doc. 12) are moot. Cf. In re Scruggs, 392 F.3d 124, 128 (5th Cir. 2004) ("A controversy becomes moot where, as a result of intervening circumstances, there are no longer adverse parties with sufficient legal interest to maintain the litigation." (alterations omitted)).

Accordingly,

IT IS ORDERED that Sterling Truck's MOTIONS TO DISMISS (Doc. 11; Doc. 12) are each DENIED AS MOOT.

Baton Rouge, Louisiana, this 7^th day of March, 2014.

__________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA