Further, there is no indication - one way or the other - whether the Arizona lawsuit was frivolous. Taking judicial notice of the Arizona court's dismissal of the matter on personal jurisdiction grounds, with no adjudication on the merits, Expotech Eng'g Inc. v. Cardone Indus. Inc., 2019 WL 1043269 (D. Ariz. Mar. 5, 2019), the Counterclaim contains insufficient allegations to support a conclusion that the complaint was frivolous. Accordingly, to the extent that the second breach of contract count depends on the Arizona lawsuit, it shall be dismissed.