Concepta Business Solutions, LLC , et al v. Cogent Analytics, LLC., et al

Filing 81

ORDER granting that Defendants Motion for Attorneys Fees and Costs (Doc. 55) is GRANTED and that sanctions are awarded in favor of Defendants and against all Plaintiffs, jointly and severally, in the amount of $196,777.36. IT IS FURTHER ORDERED that the Motion to Dismiss Pursuant to FRCP 41(a)(2) filed by HCMM, Inc., Ripberger, Maguire & Matthews, Inc., and Patrick Maguire (the Ohio Plaintiffs) (Doc. 53) is GRANTED and that all claims asserted by those Plaintiffs in this action are DISMISS ED WITH PREJUDICE. IT IS FURTHER ORDERED that the Motion to Dismiss Pursuant to FRCP 41(a)(2) filed by Concepta Business Solutions, LLC, Sandra Pineda, and David Pineda (the Florida Plaintiffs) (Doc. 54) is GRANTED and that all claims asserted by t hose Plaintiffs in this action are DISMISSED WITHOUT PREJUDICE; however, the Court imposes, as a condition of dismissal, that the sanctions award must be paid in full before those Plaintiffsindividually or in any combinationmay refile any claims asse rted in this action. The Court further notes that any attempt to refile the claims asserted in this action upon payment in full of the sanctions award could result in additional sanctions. IT IS FURTHER ORDERED that the Counterclaim asserted by Defe ndant Bret Tubergen against Plaintiff HCMM, Inc. is DISMISSED WITHOUT PREJUDICE. Signed by Judge Susan J. Dlott on 5/9/17. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Additional attachment(s) added on 5/9/2017: # 1 Certified Mail Receipt) (wam).