Outlaw Laboratory, LP v. DG in PB, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 IN RE OUTLAW LABORATORY, LP Case No.: 18-cv-840-GPC-BGS

LITIGATION.

ORDER DENYING MOTION FOR

RECONSIDERATION.

14 (ECF No. 204.) 15 Before the Court is Tauler Smith, LLP’s (“Tauler Smith”) motion for reconsideration, (ECF No. 204), of the Court’s April 23, 2020 Order denying three motions, including as relevant here, Tauler Smith’s motion to dismiss the second amended counterclaims and third-party complaint brought by the Stores. (ECF No. 190.) In sum, Tauler Smith asserts that the Court erred in denying the motion because “bad- faith litigation conduct cannot form the basis of a charge of mail fraud or wire fraud.” (ECF No. 204 at 6.) Having considered the Parties’ papers and the applicable law, the Court DENIES Tauler Smith’s motion for the reasons below. I. Background The Court adopts the facts as stated in the April 23, 2020 Order. The Court adds that, on May 29, 2020, Tauler Smith filed the instant motion for reconsideration. (ECF 1 …