Stop Franchising SPE LLC v. Michael Mendoza, Inc.

Full title: STOP FRANCHISING SPE LLC, a Delaware limited liability company, Plaintiff…

Court: United States District Court, District of Nevada

Date published: Jan 25, 2023

2:22-cv-01471-GMN-BNW (D. Nev. Jan. 25, 2023)

Opinion

2:22-cv-01471-GMN-BNW

01-25-2023

STOP FRANCHISING SPE LLC, a Delaware limited liability company, Plaintiff, v. MICHAEL MENDOZA, INC, a Nevada corporation; and DOES 1 THROUGH 10, Defendant. MICHAEL MENDOZA, INC, a Nevada corporation, Counterclaimant, STOP FRANCHISING SPE LLC, a Delaware limited liability company Counterdefendant.

MORTENSON TAGGART ADAMS LLP KEVIN A. ADAMS, ESQ. (PRO HAC VICE APPLICATION FORTHCOMING) CA STATE BAR NO. 239171 ROBERT A. SCHULTZ, ESQ. (PRO HAC VICE APPLICATION FORTHCOMING) CA STATE BAR NO. 305367 RORY T. KAY (NSBN 12416) TARA U. TEEGARDEN (NSBN 15344) KILEY A. HARRISON, ESQ. (NSBN 16092) MCDONALD CARANO LLP ATTORNEYS FOR PLAINTIFF WILEY PETERSEN JONATHAN-D. BLUM, ESQ. NEVQDA BAR NO. 9515 ATTORNEYS FOR DEFENDANT

BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE

MORTENSON TAGGART ADAMS LLP KEVIN A. ADAMS, ESQ. (PRO HAC VICE APPLICATION FORTHCOMING) CA STATE BAR NO. 239171 ROBERT A. SCHULTZ, ESQ. (PRO HAC VICE APPLICATION FORTHCOMING) CA STATE BAR NO. 305367

RORY T. KAY (NSBN 12416) TARA U. TEEGARDEN (NSBN 15344) KILEY A. HARRISON, ESQ. (NSBN 16092) MCDONALD CARANO LLP ATTORNEYS FOR PLAINTIFF

WILEY PETERSEN JONATHAN-D. BLUM, ESQ. NEVQDA BAR NO. 9515 ATTORNEYS FOR DEFENDANT

STIPULATION AND ORDER TO ALLOW COUNTERCLAIMANT TO FILE AN AMENDED COUNTERCLAIM PURSUANT TO FRCP 15(A)(2)

BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE

Plaintiff and Counterdefendant, STOP FRANCHISING SPE LLC (“Plaintiff') and Defendant and Counterclaimant, MICHAEL MENDOZA, INC. (“Defendant” or “Mendoza Inc.”) (collectively, the “Parties”), by and through their undersigned counsel of record, for good cause shown, hereby stipulate, pursuant to FRCP 15(a)(2), to allow Defendant to file an Amended Counterclaim, as set forth below.

1. Plaintiff filed its First Amended Complaint (“FAC”) against Defendant Michael Mendoza, Inc. and Michael Mendoza on October 10, 2022 (ECF No. 23).

2. Mendoza Inc. filed its Answer to the FAC and Counterclaim on October 24,2022 (ECF No. 31).

3. The Court adopted the Parties' Joint Discovery Plan and issued its Scheduling Order on November 30, 2022 (ECF No. 35). The Scheduling Order set January 24, 2023 as the deadline to add parties or amend pleadings.

4. Now, Mendoza Inc. seeks to file an amended counterclaim to add additional factual allegations, as set forth in Exhibit A hereto (redline version) and Exhibit B (clean version), in accordance with LR 15-1.

5. Mendoza Inc.'s proposed amended counterclaim is timely submitted in accordance with the Scheduling Order. As such, and based on FRCP 15(a)(2)'s directive that leave should be freely given, Plaintiff has no objection to the filing thereof, and consents to the same.

6. The request to file an Amended Counterclaim is not intended to cause any undue delay or prejudice to any party and is not made for an improper purpose.

7. Assuming the Court signs this Order, the Parties consent to the filing of Exhibit B.

ORDER

IT IS ORDERED that ECF No. 42 is GRANTED.

IT IS FURTHER ORDERED that the Clerk of Court shall detach and separately file Ex. B.

IT IS SO ORDERED