Opinion
2:22-cv-00576-RFB-DJA
04-12-2023
A&A GLOBAL IMPORTS, INC., a California corporation, Plaintiff, v. CBJ DISTRIBUTING LLC d/b/a CANNABIZ SUPPLY, a Nevada limited liability company; NORTH AMERICAN DISTRIBUTING, LLC d/b/a CANNABIZ C SUPPLY, a Nevada limited liability company; and CHARLES J. FOX, an individual, Defendants. NORTH AMERICAN DISTRIBUTING, LLC d/b/a CANNABIZ SUPPLY, a Nevada limited liability Company, Counterclaimant, v. A&A GLOBAL IMPORTS, INC., a California corporation, Counterdefendant.
Marquis Aurbach, Brian R. Hardy, Esq., Nevada Bar No. 10068, Harry L. Arnold, Esq., Nevada Bar No. 15866, Law Offices of Philip A. Kantor PC, Philip A. Kantor, Esq., Nevada Bar No. 6701, Attorneys for Defendants/Counterclaimant. LEWIS ROCA ROTHGERBER CHRISTIE LLP, Michael J. McCue, Meng Zhong, Attorneys for Plaintiff/Counterdefendant.
Marquis Aurbach, Brian R. Hardy, Esq., Nevada Bar No. 10068, Harry L. Arnold, Esq., Nevada Bar No. 15866, Law Offices of Philip A. Kantor PC, Philip A. Kantor, Esq., Nevada Bar No. 6701, Attorneys for Defendants/Counterclaimant.
LEWIS ROCA ROTHGERBER CHRISTIE LLP, Michael J. McCue, Meng Zhong, Attorneys for Plaintiff/Counterdefendant.
STIPULATION AND PROPOSED ORDER TO DISMISS FIRST AND SECOND AMENDED COUNTERCLAIMS WITH PREJUDICE [ECF NO. 34]
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.
Plaintiff/Counterdefendant A&A Global Imports, Inc. (“Plaintiff') and Defendants/Counterclaimant CBJ Distributing, LLC d/b/a Cannabiz Supply, North American Distributing, LLC d/b/a Cannabiz Supply (“North American”) and Charles J. Fox (collectively, “Defendants”) file this Stipulation to Dismiss the First and Second Amended Counterclaims with Prejudice (“Stipulation”).
North American's First and Second Amended Counterclaims (ECF No. 34) (the “Counterclaims”) have been previously dismissed by this Court without prejudice. North American currently has leave to revive these counterclaims based on ongoing discovery. Notwithstanding, North American wishes to DISMISS the Counterclaims WITH PREJUDICE.
Both Plaintiff and Defendants have already served on each other written discovery addressing the Counterclaims, discovery which is currently pending and outstanding. The Parties agree that said written discovery is moot such that no response is required.
For the avoidance of doubt, this mooted written discovery served on Defendants includes the following:
• Requests 23 and 24 of Plaintiffs First Set of Requests for Admission
• Requests 1 through 9 of Plaintiff's Second Set of Requests for Production of Documents
• Requests 9 through 14 of Plaintiff's First Set of Interrogatories.
Additionally, the mooted written discovery served on Plaintiff includes the following:
• Requests 1 and 2 of North American Distributing LLC's First Set of Requests for Production of Documents
• Request 15 of CBJ Distributing LLC's First Set of Requests for Production of Documents
IT IS SO AGREED AND STIPULATED.
ORDER
The Stipulation dismissing the first and second amended counterclaims with prejudice is hereby ORDERED.