5:23-cv-00895•Association Casualty Insurance Company v. Veerlakshmi LLC
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ASSOCIATION CASUALTY INSURANCE ) COMPANY, ) ) Plaintiff, ) ) v. ) Case No. CIV-23-00895-JD ) VEERLAKSHMI, LLC, doing business as ) Best Western Glo, ) ) Defendant. ) ORDER Plaintiff Association Casualty Insurance Company filed a Motion to Dismiss and/or Strike Counterclaims or, in the Alternative Motion to Stay (“Motion”) [Doc. No. 17] under Federal Rule of Civil Procedure 12(b)(6). Defendant Veerlakshmi, LLC filed an amended answer and amended counterclaim [Doc. No. 20] under Rule 15(a)(1)(B), thereby “supersed[ing] the original and render[ing] it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991). See also Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180–81 (10th Cir. 2015); Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007). Plaintiff’s Motion to Dismiss and/or Strike Counterclaims or, in the Alternative Motion to Stay [Doc. No. 17] is therefore DENIED AS MOOT. IT IS SO ORDERED this 1st day of December 2023. Case 5:23-cv-00895-JD Document 21 Filed 12/01/23 Page 1 of 1
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