Association Casualty Insurance Company v. Veerlakshmi LLC

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