Great Lakes Insurance SE, et al v. LA Marche Manufacturing Co., et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GREAT LAKES INSURANCE SE, ET AL. 	CIVIL ACTION
VERSUS 	NO. 24-1729
LA MARCHE MANUFACTURING 	SECTION: D (1)
CO., ET AL.
ORDER AND REASONS
Before the Court is a Motion for Summary Judgment filed by Defendant
Southern 	Power 	Systems, 	Inc. 	(“Southern 	Power”).1 	Co-Defendant 	La 	Marche
Manufacturing Co. (“La Marche”) opposes the Motion.2 Defendant Southern Power
has filed a reply.3 None of the Plaintiffs have filed an opposition to the motion.
Southern Power filed the instant motion on August 19, 2025.4 La Marche
responded in opposition on September 8, 2025, and Southern Power filed its reply on
September 12, 2025.5 During a telephone status conference on September 19, 2025,
the parties “advised that one important outstanding deposition would be conducted
on October 1, 2025; parties disagreed as to whether this deposition was likely to
impact Defendant Southern Power Systems, Inc.’s pending Motion for Summary
Judgment.”6 As a result, the Court continued the submission date of the present
motion to October 21, 2025, and permitted any party to supplement their briefing on
the present motion, provided that leave of Court was sought.7 No party did so.
1 R. Doc. 43.
2 R. Doc. 44.
3 R. Doc. 45.
4 R. Doc. 43.
5 R. Docs. 44, 45.
6 R. Doc. 51.
7 Id.
Case 2:24-cv-01729-WBV-JVM Document 60 Filed 03/09/26 Page 1 of 3

In 	the 	intervening 	period, 	Plaintiffs 	Great 	Lakes 	Insurance 	SE; 	Zurich
Insurance Company Ltd. UK Branch individually and as assignee of Liberty Specialty
Markets Bermuda Limited and Everen Specialty Ltd.; HDI Global Specialty SE – UK;
IMIU International Mining Industry Underwriters; PartnerRe Ireland Insurance
dac; Convex Insurance UK Limited; QBE UK Limited; Certain Underwriters at
Lloyd’s of London Subscribing to Unique Market Reference Nos.:
B0509BOWPI2350200, B0509BOWPI2350292, B0509BOWPI2350293,
B0509BOWPI2350295, B0509BOWPI2350297, B0509BOWPI2350298,
B0509BOWPI2350299, B0509BOWPI2350302, B0509BOWPI2350309,
B0509BOWPI2350310, B0509BOWPI2350311, B0509BOWPI2350313,
B0509BOWPI2350328, B0509BOWPI2350330;
and Certain Underwriters Subscribing to the Risk as subrogees of Atlantic Alumina
Company LLC and related companies (“Plaintiffs”) moved for leave to file a first
amended complaint.8 In their Motion for Leave to file a First Amended Complaint,
Plaintiffs advised that “Counsel for Southern Power originally indicated via email
that they will oppose [the motion for leave to file a first amended complaint] but
subsequently verbally indicated they will consent.”9 The Motion for Leave to File was
granted on October 10, 2025,10 and the Amended Complaint was filed into the record
on the same day.11
8 R. Doc. 46.
9 Id. at ¶ 8.
10 R. Doc. 53.
11 R. Doc. 54.
Case 2:24-cv-01729-WBV-JVM Document 60 Filed 03/09/26 Page 2 of 3

“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.”12 Once an amended complaint is filed,
all pending motions, including motions for summary judgment, are rendered moot.13
Southern Power’s pending Motion for Summary Judgment14 was filed on August 19,
2025, before Plaintiffs filed their First Amended Complaint,15 and that motion
addresses the original state court petition.16 Therefore, the Court finds that Southern
Power’s Motion for Summary Judgment has been rendered moot by the filing of the
First Amended Complaint and denies the Motion as such.
Accordingly,
IT IS HEREBY ORDERED that Defendant Southern Power Systems, Inc.’s
Motion for Summary Judgment17 is DENIED as moot.
New Orleans, Louisiana, March 9, 2026.
_____________________________
WENDY B. VITTER
United States District Judge
12 King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994).
13 Griffin v. Am. Zurich Ins. Co., 697 F. App'x 793, 797 (5th Cir. 2017), as revised (June 8, 2017) (“Once
filed, that amended complaint rendered all earlier motions…moot.”).
14 R. Doc. 43.
15 R. Docs. 53, 54.
16 R. Doc. 3-3.
17 R. Doc. 43.
Case 2:24-cv-01729-WBV-JVM Document 60 Filed 03/09/26 Page 3 of 3