Outlaw Laboratory, LP v. DG in PB, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 18-cv-840-GPC-BGS

IN RE OUTLAW LABORATORIES, LP

LITIGATION ORDER DENYING COUNTER-

DEFENDANT TAULER SMITH

LLP’S MOTION TO DISMISS

SECOND AMENDED

COUNTERCLAIM PURSUANT TO

FED. R. CIV. P. 12(B)(1) AND

16 12(B)(6) 17 On January 7, 2022, Counter-Defendant Tauler Smith (“Tauler Smith”) filed a Motion to Dismiss the Second Amended Counterclaim (“SACC”), which is the operative Complaint in what remains of this action. ECF No. 385. On January 24, 2022, Defendant Roma Mikha, Inc. (“Roma Mikha”), Third-Party Plaintiff NMRM, Inc. (“NMRM”), and Third-Party Plaintiff Skyline Market, Inc. (“Skyline Market”) (collectively, “the Stores” or “Plaintiffs1”) filed their Opposition. ECF No. 387. On January 31, 2022, Tauler Smith

25 1 Because the original Plaintiffs have been dismissed from the case, leaving the Stores in the position of Plaintiff, the Court will refer to the…