Clark v. Liberty Mutual Insurance Company

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

YELDY CLARK CIVIL ACTION

VERSUS NO. 23-2005

LIBERTY MUTUAL INSURANCE
COMPANY
SECTION: “P” (4)

ORDER

Before the Court is Defendant LM General Insurance Company’s “Motion for Partial
Dismissal Pursuant to Federal Rule of Civil Procedure 12(b)(6).”
1
In its motion, Defendant seeks
the dismissal of Plaintiff’s “bad faith” claims brought pursuant to La. R.S. 22:1892 and La. R.S.
22:1972 on the basis that Plaintiff failed to allege any facts supporting such claims.
2
After the
filing of Defendant’s motion, Plaintiff sought leave to amend her complaint to correct the name of
the defendant and “to include more specific allegations in relation to the bad faith” of Defendant.
3

Plaintiff was granted leave
4
and filed her amended complaint into the record shortly thereafter.
5

Courts vary in how they proceed when a plaintiff files an amended complaint while a Rule
12(b)(6) motion is still pending.
6
Although a court may address the merits of a motion to dismiss
filed prior to an amendment of a complaint, many district courts routinely deny such motions as
moot.
7
Here, the pending motion to dismiss argues that Plaintiff fails to plead facts supporting her

1
R. Doc. 7. Although Plaintiff’s original petition named “Liberty Mutual Insurance Company” as the defendant, LM
General Insurance Company appeared, asserting it is the proper party and was erroneously referred to as “Liberty
Mutual Insurance Company” in Plaintiff’s original petition. Id.
2
R. Doc. 7.
3
R. Doc. 17.
4
R. Doc. 20.
5
R. Doc. 22.
6
1 Steven S. Gensler, Federal Rules of Civil Procedure, Rules and Commentary Rule 15.
7
See Bardell v. Jefferson Par. Sch. Bd., No. 20-cv-03245, 2022 WL 298840 (E. D. La. Feb. 1, 2022) (gathering
authorities of other district courts that have also recognized that an amended complaint may render moot a pending
motion to dismiss).
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2

“bad faith” claims in her original complaint.
8
Plaintiff has filed an amended complaint to resolve
the issues raised by the pending motion.
9
Therefore, the Court concludes that Defendant’s motion
to dismiss, addressing Plaintiff’s original complaint, which is now superseded by her amended
complaint, is moot.
Accordingly,
IT IS HEREBY ORDERED that Defendant LM General Insurance Company’s “Motion
for Partial Dismissal Pursuant to Federal Rule of Civil Procedure 12(b)(6)”
10
is DENIED as moot.
New Orleans, Louisiana, this 22nd day of December 2023.

__________________________________________
DARREL JAMES PAPILLION
UNITED STATES DISTRICT JUDGE

8
R. Doc. 7.
9
R. Docs. 17, 22.
10
R. Doc. 7.
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