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Re: james885 post# 38071

Sunday, 10/11/2015 11:25:31 AM

Sunday, October 11, 2015 11:25:31 AM

Post# of 49370
You need to read the court documents as the PLN complaint filed was for $64k.

PLN asked HJOE for documentation to prove the losses they were claiming and HJOE couldn't provide any documentation.

On 06/17/2015 PLN filed the following:

"CERTIFICATE OF SERVICE OF DISCOVERY MATERIALS

This is to certify that on June 17, 2015, I served upon opposing counsel a copy of Plaintiff Private Label Nutraceuticals LLC’s Second Request for Production of Documents and Things to Defendants Hangover Joe’s Holding Corporation and Hangover Joe’s Inc.; Plaintiff Private Label Nutraceuticals LLC’s Second Continuing Interrogatories to Defendants Hangover Joe’s Holding Corporation and Hangover Joe’s Inc.; and Plaintiff Private Label Nutraceuticals LLC’s First Request for Admissions to Defendants Hangover Joe’s Holding Corporation and Hangover Joe’s Inc. by e-mail to all counsel of record."


PLN was suing for only $64k - if HJOE had losses in the millions as some have claimed - why didn't they proceed to trial instead of filing a Joint Motion of Dismissal?

As you can see from the above - HJOE wasn't cooperating in Discovery and producing the requested documents - and shortly after PLN filed the Second Request for Production of documents - there was a dismissal of the case.

PLN filed for a Joint Motion of Dismissal because they were onoly suing for $64k - their attorney fees were probably close to that amount already.

So, if HJOE lost millions why did they chose to have the case dismissed - because the losses they stated were completely bogus.

There is absolutely no indication that there was a out of court settlement - if HJOE wanted a out of court settlement they would have had the court involved so if PLN didn't abide by the terms and conditions of the settlement the court could force PLN to settle according to the agreement.

Where is your proof that the case was settled out of court - you don't have any.

You might want to read the Joint Motion for Dismissal. You go go let me help out.

"JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, Private Label Nutraceuticals, LLC (“PLN”), Defendants Hangover Joe’s Holding Corporation and Hangover Joe’s, Inc. (“Hangover Joe’s”), and Third Party Defendants Bjarte Rene and Kevin Harden jointly file this Joint Stipulation of Dismissal Without Prejudice. Pursuant to Rule 41(a)(1)(A)(ii) and 41(c), the parties hereby dismiss all pending claims and counterclaims without prejudice. PLN and Hangover Joe’s agree that either party may refile their respective pending claims by July 13, 2016."

IG

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