Stroupe v. State Farm Insurance Life Company

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PAUL M. STROUPE CIVIL ACTION
V. NO. 25-1655
STATE FARM INSURANCE SECTION: C (4)
LIFE COMPANY
ORDER & REASONS
Before the Court is a Motion to Dismiss Pursuant to 12(b)(6) filed by defendant, State Farm
Insurance Life Company (R. Doc. 9), and two motions to strike filed by plaintiff, Paul M. Stroupe,
(R. Docs. 19, 20). The motions are DENIED AS MOOT.
I. BACKGROUND
Proceeding pro se, Stroupe sued State Farm relative to a life insurance policy on his
mother’s life.1 State Farm moved to dismiss, contending the original complaint pled no facts stating
a claim against State Farm.2 Stroupe then filed an amended complaint.3 The amended complaint
alleges Stroupe was the named beneficiary of two State Farm life insurance policies, one each on
the lives of his mother and father.4 It alleges that both insureds died, Stroupe gave State Farm
timely proof of loss, and State Farm did not pay within 60 days.5 It asserts a claim for breach of
contract and several claims under the Louisiana Insurance Code.6 Stroupe attaches a state-court
judgment of possession from his parents’ successions.7 But, because the amended complaint lacked
1 R. Doc. 1 at 4.
2 R. Doc. 9.
3 R. Doc. 17.
4 Id. at 2.
5 Id. at 3.
6 Id. at 4-10.
7 R. Doc. 17-1.
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a motion for leave to file, it has been held by the Clerk’s office. Consequently, no reply to the
amended complaint has been filed.
II. LAW AND ANALYSIS
The Court reads the filings of a self-represented party generously. Erickson v. Pardus, 551
U.S. 89, 94 (2007). To the extent the amended complaint requires leave to file, the Court grants it.
Fed. R. Civ. Proc. 15(a)(2).8 Once amended, the original complaint has no legal effect. King v.
Dogan, 31 F.3d 344, 346 (5th Cir. 1994). Stroupe’s amended complaint is now the operative
pleading. State Farm’s motion directed at the original complaint is moot.
III. CONCLUSION
IT IS ORDERED that the amended complaint (R. Doc. 17) be filed into the record.
IT IS FURTHER ORDERED that State Farm’s motion to dismiss (R. Doc. 9) is DENIED
AS MOOT.
IT IS FURTHER ORDERED that Stroupe’s motions to strike (R. Docs. 19 and 20) are
DENIED AS MOOT.
New Orleans, Louisiana, this 3rd day of August, 2026.
WILLIAM J. CRAIN
UNITED STATES DISTRICT JUDGE
8 Stroupe must still follow the procedures for serving the amended complaint.
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