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AXO Staff Leasing, LLC v. Zurich American Insurance Co.

Court: WD Tx  11/21/2019  District Court Grants Leave to Plaintiff to File Amended Complaint, Renders Pending Motion for Summary Judgment Moot

Although the plaintiff's initial amended complaint failed to comply with Rule 15(a) because leave to file and consent to file were not sought, the plaintiff subsequently filed a motion for leave to which all the parties consented. Because the amended complaint included an additional cause of action against the insurer's agents, and more factual allegations that could affect the agent's pending motion for summary judgment, the motion was rendered moot.

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