Argustoli H.C., LLC, et al v. Agsaver, LLC et al
Filing
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ORDER granting 39 stipulation to dismiss third party complaint without prejudice. The third party defendants' motion to dismiss 36 is deemed withdrawn. The motion hearing on 2/27/2017 is hereby vacated. Signed by Judge Jennifer A. Dorsey on 1/27/2017. (Copies have been distributed pursuant to the NEF - DC)
Case 2:16-cv-02431-JAD-CWH Document 39 Filed 01/26/17 Page 1 of 3
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TONY M. MAY, ESQ.
Nevada Bar No. 8563
BRUCE N. WILLOUGHBY, ESQ.
Nevada Bar No. 8311
TONY M. MAY, P.C.
1850 E. Sahara Ave., Suite 206
Las Vegas, Nevada 89104
Telephone: (702) 388-0404
Facsimile: (702) 830-5699
Email: tmay@tmm-law.com
Email: bnw@tmm-law.com
Attorneys for Third-Party Plaintiff
AgSaver, LLC
UNITED STATES DISTRICT COURT
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LAW OFFICE OF
TONY M. MAY, P.C.
1850 E. Sahara Ave., Suite 206
Las Vegas, Nevada 89104
Telephone: (702) 388-0404
Facsimile: (702) 830-5699
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DISTRICT OF NEVADA
ARGUSTOLI H.C., LLC, a Nevada limited
liability company; REDACT, LLC, a Texas
limited liability company as General Partner of
ALDIS MANUFACTURING, LTD., a Texas
limited partnership and as General Partner for
ALDIS SALES, LTD., a Texas limited
partnership,
vs.
Plaintiffs,
AGSAVER, LLC, a Mississippi limited liability
company; CLARKE PUGH, an individual;
DOES I through X, inclusive; and ROES I
through X, inclusive,
Defendants.
_________________________________________
AGSAVER, LLC, a Mississippi limited liability
company;
Counterclaimants,
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vs.
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ARGUSTOLI H.C., LLC, a Nevada limited
liability company; REDACT, LLC, a former
Texas limited liability company acting as the
General Partner of ALDIS
MANUFACTURING, LTD, a Texas limited
partnership and as the General Partner for
ALDIS SALES, LTD; ALDIS
MANUFACTURING, LTD, a Texas limited
partnership; ALDIS SALES, LTD a Texas
limited partnership; DOES 1 - 10, inclusive;
and ROES 11-20, inclusive,
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Counter-Defendants.
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Case No.: 2:16-cv-02431-JAD-CWH
(Removal of Case No. A-16-744507B from the District Court of Clark
County Nevada)
STIPULATION AND ORDER TO
DISMISS THE THIRD-PARTY
COMPLAINT WITHOUT
PREJUDICE
ECF No. 36, 39
Stipulation and Order to Dismiss the Third-Party Complaint without Prejudice
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Case 2:16-cv-02431-JAD-CWH Document 39 Filed 01/26/17 Page 2 of 3
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AGSAVER, LLC, a Mississippi limited liability
company;
Third-Party Plaintiff,
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vs.
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ALDIS MANUFACTURING, LTD, a Texas
limited partnership; ALDIS SALES, LTD, a
Texas limited partnership; G.I. SMITH, as
Trustee of the LOUISIANA INTESTMENT
TRUST, a Michigan unknown entity; DOE
Individuals/Trustees 1 – 10, inclusive; and
ROE Entities 11-20, inclusive,
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Third-Party Defendants.
_________________________________________
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STIPULATION AND ORDER TO DISMISS THE THIRD-PARTY COMPLAINT
WITHOUT PREJUDICE
LAW OFFICE OF
TONY M. MAY, P.C.
1850 E. Sahara Ave., Suite 206
Las Vegas, Nevada 89104
Telephone: (702) 388-0404
Facsimile: (702) 830-5699
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Third-Party Plaintiff AgSaver, LLC (hereinafter “AgSaver”), by and through its
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counsel of record, the law firm of Tony M. May, P.C. and Third-Party Defendants Aldis
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Manufacturing, Ltd. and Aldis Sales, Ltd. (collectively referred to as the “Third-Party
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Defendants”) by and through their attorneys of record, the law firm of Marquis Aurbach
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Coffing, hereby stipulate and agree as follows:
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November 17, 2016.
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3.
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Within the Third-Party Defendant’s Motion to Dismiss, Third-Party
Defendants admitted that they are already parties to this matter.
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Third Party Defendants filed a Motion to Dismiss the Third-Party Complaint
(ECF No. 36) in this matter on January 12, 2017.
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Third-Party Defendants were served with a true and correct copy of the
Summons and Third-Party Complaint on December 22, 2016 (ECF No. 35).
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AgSaver filed a Third-Party Complaint (ECF No. 12) in this matter on
As a result of the admission, AgSaver has agreed to dismiss the Third-Party
Complaint without prejudice.
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Third-Party Defendants agree to withdrawal the Motion to Dismiss the Third-
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Party Complaint.
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///
Stipulation and Order to Dismiss the Third-Party Complaint without Prejudice
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Case 2:16-cv-02431-JAD-CWH Document 39 Filed 01/26/17 Page 3 of 3
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7.
The parties request that the hearing on Third-Party Defendant’s Motion to
Dismiss the Third-Party Complaint, set for hearing on February 27, 2017 be vacated.
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IT IS SO STIPULATED
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Dated this 26th day of January, 2017.
Dated this 26th day of January, 2017.
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TONY M. MAY, P.C.
MARQUIS AURBACH COFFING
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/s/ Tony May
TONY M. MAY, ESQ.
Nevada Bar No. 8563
TONY M. MAY, P.C.
1850 East Sahara Ave., Suite 206
Las Vegas, Nevada 89104
Telephone: (702) 388-0404
Email: tmay@tmm-law.com
/s/ Liane K. Wakayama
Liane K. Wakayama, Esq.
Nevada Bar No. 11313
Kathleen A. Wilde, Esq.
Nevada Bar No. 12522
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: (702) 382-0711
Email: lwakamaya@maclaw.com
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LAW OFFICE OF
TONY M. MAY, P.C.
1850 E. Sahara Ave., Suite 206
Las Vegas, Nevada 89104
Telephone: (702) 388-0404
Facsimile: (702) 830-5699
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Attorneys for Defendants AGSAVER, LLC
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Attorneys for Third-Party Defendants
Aldis Manufacturing, Ltd., and Aldis Sales,
Ltd.
ORDER
Based on the stipulation [39] and good cause and DECREED that:
IT IS HEREBY ORDERED, ADJUDGEDappearing, IT IS HEREBY ORDERED that:
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1. 1. AgSaver, LLC’s Third-Party Complaint isprejudice;
The third-party claims are DISMISSED without hereby dismissed without prejudice;
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2. 2. Third-Partydefendants’ motion to dismiss [36] is deemed WITHDRAWN; and is hereby
The third-party Defendant’s Motion to Dismiss the Third-Party Complaint
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3. The February 27,and hearing [37] on the motion to dismiss [36] is VACATED.
withdrawn; 2017,
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3. The February 27, 2017 hearing on the Motion to Dismiss the Third-Party Complaint
is hereby vacated.
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UNITED STATES DISTRICT JUDGE
1/27/17
DATED: _________________________
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U:\16-8328\Federal Pleadings\(2017-01-26) Stip And Order To Dismiss 3rd Party Complaint Without Prejudice.Docx
Stipulation and Order to Dismiss the Third-Party Complaint without Prejudice
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