Argustoli H.C., LLC, et al v. Agsaver, LLC et al

Filing 41

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 The third party defendants' motion to dismiss 36 is deemed withdrawn.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)

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Case 2:16-cv-02431-JAD-CWH Document 39 Filed 01/26/17 Page 1 of 3 1 2 3 4 5 6 7 8 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 9 10 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 11 12 13 14 15 16 17 18 19 20 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, 21 vs. 22 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, 23 24 25 26 27 28 Counter-Defendants. __________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 -1- Case 2:16-cv-02431-JAD-CWH Document 39 Filed 01/26/17 Page 2 of 3 1 2 AGSAVER, LLC, a Mississippi limited liability company; Third-Party Plaintiff, 3 vs. 4 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, 5 6 7 8 9 10 Third-Party Defendants. _________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 11 Third-Party Plaintiff AgSaver, LLC (hereinafter “AgSaver”), by and through its 12 counsel of record, the law firm of Tony M. May, P.C. and Third-Party Defendants Aldis 13 Manufacturing, Ltd. and Aldis Sales, Ltd. (collectively referred to as the “Third-Party 14 Defendants”) by and through their attorneys of record, the law firm of Marquis Aurbach 15 Coffing, hereby stipulate and agree as follows: 1. 16 17 November 17, 2016. 2. 18 19 3. 4. Within the Third-Party Defendant’s Motion to Dismiss, Third-Party Defendants admitted that they are already parties to this matter. 5. 24 25 Third Party Defendants filed a Motion to Dismiss the Third-Party Complaint (ECF No. 36) in this matter on January 12, 2017. 22 23 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). 20 21 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. 6. 26 Third-Party Defendants agree to withdrawal the Motion to Dismiss the Third- 27 Party Complaint. 28 /// Stipulation and Order to Dismiss the Third-Party Complaint without Prejudice -2- Case 2:16-cv-02431-JAD-CWH Document 39 Filed 01/26/17 Page 3 of 3 1 2 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. 3 IT IS SO STIPULATED 4 Dated this 26th day of January, 2017. Dated this 26th day of January, 2017. 5 TONY M. MAY, P.C. MARQUIS AURBACH COFFING 6 /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 7 8 9 10 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 11 Attorneys for Defendants AGSAVER, LLC 12 13 14 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: 15 1. 1. AgSaver, LLC’s Third-Party Complaint isprejudice; The third-party claims are DISMISSED without hereby dismissed without prejudice; 16 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 17 3. The February 27,and hearing [37] on the motion to dismiss [36] is VACATED. withdrawn; 2017, 18 19 3. The February 27, 2017 hearing on the Motion to Dismiss the Third-Party Complaint is hereby vacated. 20 21 22 23 UNITED STATES DISTRICT JUDGE 1/27/17 DATED: _________________________ 24 25 26 27 28 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 -3-

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