Filed: Aug. 08, 2016
Latest Update: Aug. 08, 2016
Summary: STIPULATION AND ORDER TO DISMISS PLAINTIFFS KAL-MOR-USA, LLC AND GFY MANAGEMENT LLC'S SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, AND EIGHTH CLAIMS FOR RELIEF RICHARD F. BOULWARE , District Judge . IT IS HEREBY STIPULATED and AGREED, by and between Plaintiffs KAL-MOR-USA, LLC and GFY MANAGEMENT LLC (collectively "Plaintiffs"), through their attorneys of record, Kolesar and Leatham, Defendant OMNI FINANCIAL, LLC ("Omni"), through its attorneys of record, Howard & Howard Attorneys PLLC, and
Summary: STIPULATION AND ORDER TO DISMISS PLAINTIFFS KAL-MOR-USA, LLC AND GFY MANAGEMENT LLC'S SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, AND EIGHTH CLAIMS FOR RELIEF RICHARD F. BOULWARE , District Judge . IT IS HEREBY STIPULATED and AGREED, by and between Plaintiffs KAL-MOR-USA, LLC and GFY MANAGEMENT LLC (collectively "Plaintiffs"), through their attorneys of record, Kolesar and Leatham, Defendant OMNI FINANCIAL, LLC ("Omni"), through its attorneys of record, Howard & Howard Attorneys PLLC, and ..
More
STIPULATION AND ORDER TO DISMISS PLAINTIFFS KAL-MOR-USA, LLC AND GFY MANAGEMENT LLC'S SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, AND EIGHTH CLAIMS FOR RELIEF
RICHARD F. BOULWARE, District Judge.
IT IS HEREBY STIPULATED and AGREED, by and between Plaintiffs KAL-MOR-USA, LLC and GFY MANAGEMENT LLC (collectively "Plaintiffs"), through their attorneys of record, Kolesar and Leatham, Defendant OMNI FINANCIAL, LLC ("Omni"), through its attorneys of record, Howard & Howard Attorneys PLLC, and Defendants PRENPOINCIANA, LLC and PRENTINCE LENDING II, LLC through their attorneys of record, Greenberg Traurig, LLP (collectively, "PrenPoinciana"), that an order may be entered dismissing the Second Claim for Relief (Fraud, Fraud in the Inducement/Deceit/Misrepresentation), Third Claim for Relief (Conspiracy/Concert of Action), Fourth Claim for Relief (Breach of Contract/Detrimental Reliance), Fifth Claim for Relief (Breach of Implied Covenant of Good Faith and Fair Dealing), Sixth Claim for Relief (Unjust Enrichment), Seventh Claim for Relief (Tortious Interference with Contractual Relations), and Eighth Claim for Relief (Preliminary and Permanent Injunction) as pled in the Plaintiffs' First Amended Complaint filed in Case No. 2:16-cv-00109-RFB-CWH on May 31, 2016 [ECF No. 27]. Such claims for relief shall be dismissed without prejudice with each party to bear its own attorney fees and costs incurred in connection therewith.
The Parties further agree and stipulate that Defendants' Motion to Dismiss the First Amended Complaint Filed by Kal-Mor-USA, LLC and GFY Management, LLC [ECF No. 37] (the "Motion to Dismiss") shall be withdrawn without prejudice.
ORDER
Having reviewed the foregoing Stipulation and good cause appearing therefor,
IT IS HEREBY ORDERED that the Second Claim for Relief (Fraud, Fraud in the Inducement/Deceit/Misrepresentation), Third Claim for Relief (Conspiracy/Concert of Action), Fourth Claim for Relief (Breach of Contract/Detrimental Reliance), Fifth Claim for Relief (Breach of Implied Covenant of Good Faith and Fair Dealing), Sixth Claim for Relief (Unjust Enrichment), Seventh Claim for Relief (Tortious Interference with Contractual Relations), and Eighth Claim for Relief (Preliminary and Permanent Injunction) as pled in the Plaintiffs' First Amended Complaint filed in Case No. 2:16-cv-00109-RFB-CWH on May 31, 2016 [ECF No. 27] are hereby dismissed without prejudice and with each party is to bear its own attorney fees and costs.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss the First Amended Complaint Filed by Kal-Mor-USA, LLC and GFY Management, LLC [ECF No. 37] is withdrawn without prejudice.
