govinfo:USCOURTS-okwd-5_25-cv-00709-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF OKLAHOMA 
 
LESH TRUCKING, LLC ) 
 ) 
 Plaintiff, ) 
 ) 
v. ) Case No. CIV-25-709-SLP 
 ) 
ACRISURE, LLC D/B/A ) 
FRATES IRWIN RISK MANAGEMENT ) 
SOLUTIONS, LLC ) 
 ) 
 Defendant. ) 
 
O R D E R 
Before the Court is the Motion to Dismiss [Doc. No. 5 3] filed by Defendant 
Acrisure, LLC d/b/a Frates Irwin Risk Management Solutions, LLC . Plaintiff Lesh 
Trucking, LLC filed its Response on June 8, 2026. [Doc. No. 58]. The motion is at issue. 
Acrisure seeks dismissal of all of Plaintiff’s claims, arguing that Plaintiff does not have 
authority to maintain any action in the State of Oklahoma because it was listed as inactive 
with the Oklahoma Secretary of State. 
Under Oklahoma law, “[a] domestic limited liability company that has ceased to be 
in good standing ... may not maintain any action, suit or proceeding in any court of this 
state until the domestic limited liability company has been reinstated as a domestic limited 
liability company in good standing ....” Okla. Stat. Ann. tit. 18, § 2055.2 (F) (emphasis 
added). However, as several courts in this judicial district ha ve held, if a limited liability 
company is reinstated, the “reinstatement relates back to and takes effect as if the domestic 
limited liability company had never ceased to be in good standing.” Id. at § 2055.3(B); see 

2 
 
also Elite Motorsports LLC v. Peoplease, LLC , No. CIV-24-72-R, 2024 WL 694041 , *1 
(W.D. Okla. Feb. 20, 2024). 
In its response brief [Doc. No. 58], Plaintiff submitted a Certificate of Good 
Standing showing that the Oklahoma Secretary of State “issued a Certificate of Good 
Standing certifying that Lesh Trucking is duly organized, existing, and in good standing 
under Oklahoma law.” [Doc. No. 58] at 1. Because Plaintiff is no w in good standing, 
Defendant’s argument that Plaintiff lacks capacity to maintain this lawsuit is moot. Elite 
Motorsports LLC , 2024 WL 694041 at *1 (holding that because Plaintiff had been 
reinstated the lawsuit was moot); see also KLMN Mansions S., LLC v. Travelers Prop. Cas. 
Co. of Am., No. CIV-20-1174, 2021 WL 2583559 (W.D. Okla. June 23, 2021) (“Because 
Plaintiff has been reinstated with the Office of the Secretary of State, Defendant's claims 
as to Plaintiff's ability to assert and maintain this lawsuit are moot.”). 
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss is DENIED 
AS MOOT. 
IT IS SO ORDERED this 16th day of June, 2026. 
 

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