United States District Court, D. Nevada
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE
before the Court are ten Motions: Defendant Sierra Meat
Company's Motion to Dismiss (ECF No. 14); Plaintiff's
Motion to Dismiss Cross-Claim (ECF No. 37); Plaintiff's
Motion to Strike Cross-Claim (ECF No. 38), Defendant Sierra
Meat Company's Motion to Dismiss (ECF No. 43); Defendants
Sierra Meat Company, Jonathan Mosbacher, and Armand Agra,
Inc.'s Motion to Dismiss (ECF No. 57); Plaintiff's
Motion to Strike (ECF No. 55), Plaintiff's Motion to
Extend Time to Respond (ECF No. 67); Cross-Complainant Anshu
Pathak's Motion to Vacate (ECF No. 81); Cross-Complainant
Anshu Pathak's Motion for Statutory Damages (ECF No. 85);
and Defendants Sierra Meat Company, Jonathan Mosbacher, and
Armand Agra, Inc.'s Emergency Motion for Order to Show
Cause (ECF No. 92). For the reasons stated below,
Defendant's Motions to Dismiss (ECF Nos. 14, 37, 38, 43
and 57) are granted and the remaining motions are denied as
following factual allegations are taken from Plaintiff's
First Amended Complaint (ECF No. 7) in Case No.
2:17-cv-00102-RFB-GWF and his Complaint (ECF No. 1) in Case
No. 2:17-cv-01546-RFB-GWF, which contain substantially
alleges that he and his brother, Defendant Anshu Pathak
(“Anshu”), are competitors in the market for
exotic meats. Defendant Sierra Meat Company (“Sierra
Meat”) is a supplier in that market and at one point
was a primary supplier for both Plaintiff's business and
Anshu's business. Around February 2013, Plaintiff was
informed that Anshu owed Sierra Meat $5609.13. Plaintiff and
Sierra Meat communicated via email and came to an agreement
that in exchange for Plaintiff paying off Anshu's
outstanding debt, Sierra Meat would not sell to Anshu's
business any longer. Plaintiff sent Sierra Meat a check for
$5609.13, which it cashed. On January 3, 2017, Plaintiff
discovered that Sierra Meat was selling to his brother, in
violation of their previous agreement. Plaintiff alleges that
as a result of this breach, he lost his business and
reputation and was caused to violate a non-compete agreement
January 11, 2017, Plaintiff filed a Complaint against Sierra
Meat and other defendants, including his brother, Anshu
Pathak in Case No. 2:17-cv-00102-RFB-GWF. (ECF No. 1). On
March 15, 2017, Plaintiff filed a First Amended Complaint.
(ECF No. 7). On July 5, 2017, Plaintiff moved to strike his
own Amended Complaint. (ECF No. 55). Defendant Sierra Meat
Company filed a Response on July 14, 2017. (ECF No. 61). On
July 21, 2017, Plaintiff filed a Reply. (ECF No. 65).
April 6, 2017, Anshu answered Plaintiff's Complaint and
filed a Cross-Complaint against Nerry Pathak, Sierra Meat,
and Broadleaf Venison (USA) Inc. (ECF No. 10). On May 19,
2017, Anshu filed a First Amended Cross-Complaint. (ECF No.
2)9. Sierra Meat has filed motions to dismiss both
Plaintiff's First Amended Complaint and the First Amended
Cross-Complaint. (ECF Nos. 14 and 43).
filed a Cross-claim against Anshu on May 24, 2017. (ECF No.
33). Defendant Sierra Meat filed a Motion to Dismiss
Plaintiff's Cross-claim. (ECF No. 37). On June 2, 2017
Plaintiff filed a Response to Defendant's Motion to
Dismiss Plaintiff's Crossclaim. (ECF No. 40). Defendant
Sierra Meat filed a Reply to Plaintiff's Response on June
8, 2017. (ECF No. 41). On June 6, 2017, Plaintiff moved to
strike his own Cross-Claim. (ECF No. 38).
Court entered an Order on July 6, 2017 prohibiting
Defendant/Cross-claimant Anshu Pathak from communicating, in
person, by email, or by any other means, with the employees,
officers, directors, contractors, or agents thereof of
Defendant Sierra Meat Company. (ECF No. 56). Anshu filed a
Motion to Vacate the Court's Order on August 17, 2017.
(ECF 81). Defendant Sierra Meat Company filed a Response to
Plaintiff's Motion to Vacate on August 25, 2017. (ECF No.
83). On March 23, 2018, Armand Agra Inc., Mosbacher, and
Sierra Meat Company filed a Motion for Order to Show Cause
and for Sanctions, arguing that Anshu violated this
Court's Order; no response has been filed. (ECF No. 92).
Nerry Pathak filed a Complaint in Case No.
2:17-cv-01546-RFB-GWF on June 1, 2017. (ECF No. 1).
Defendants Armand Agra Inc., Jonathan Mosbacher, and Sierra
Meat Company filed a Motion to Dismiss this Complaint on July
12, 2017. Plaintiff filed a Response on August 11, 2017. (ECF
No. 77). Defendants filed a Reply on August 16, 2017. (ECF
6, 2017 Case No. 2:17-cv-01546-RFB-NJK was consolidated with
Case No. 2:17-cv-00102-RFB-GWF, with the latter becoming the
considering any substantive arguments on the claims at issue
in these cases, the Court will first address the ...