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`UNITED STATES DISTRICT COURT
`DISTRICT OF MAINE
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`Civil Action No. 1:20-cv-00107-NT
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`NPG, LLC d/b/a Wellness Connection,
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` AND
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`Wellness and Pain Management
`Connection, LLC
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` Plaintiffs
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` v.
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`Department of Administrative and
`Financial Services, State of Maine,
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` AND
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`Kristine Figueroa, in her official
`capacity as Commissioner of the
`Department of Administrative and
`Financial Services, State of Maine,
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` Defendants.
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`STIPULATION OF DISMISSAL
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`The defendants have been advised by the Attorney General that the Maine
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`Marijuana Legalization Act’s residency requirement, 28-B M.R.S. sec. 202(2) (the
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`“Residency Requirement”), is subject to significant constitutional challenges and is not
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`likely to withstand such challenges. The Attorney General thus does not intend to
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`defend the Residency Requirement, given the constitutional issues raised in this
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`lawsuit. Accordingly, defendants will not be enforcing the Residency Requirement or
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`any agency rules, regulations or guidance which enforce or implement the Residency
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`Requirement.
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`1
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`Case 1:20-cv-00107-NT Document 9 Filed 05/11/20 Page 2 of 3 PageID #: 50
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`Based on the forgoing, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the parties
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`stipulate and agree that all claims are dismissed without prejudice and without fees and
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`costs.
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`DATED: May 11, 2020
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`/s/ Christopher C. Taub
`Christopher C. Taub, Dep. Atty. Gen.
`Christopher.C.Taub@maine.gov
`Six State House Station
`Augusta, Maine 04333-0006
`Tel. (207) 626-8800
`Fax (207) 287-3145
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`Attorney for Defendants
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`/s/ Matthew S. Warner
`Matthew S. Warner, Maine Bar No. 4823
`Jonathan G. Mermin, Maine Bar No. 9313
`Preti Flaherty Beliveau & Pachios LLP
`One City Center
`P.O. Box 9546
`Portland, ME 04112-9546
`207.791.3000
`mwarner@preti.com
`jmermin@preti.com
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`Attorneys for NPG, LLC d/b/a Wellness
`Connection
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`/s/ Michael D. Traister
`Michael D. Traister, Esq.
`Murray Plumb & Murray, P.A.
`75 Pearl Street, P.O. Box 9785
`Portland, ME 04101-5085
`207.773.5651
`mtraister@mpmlaw.com
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`Thomas O’Rourke (PA 308233)
`Cozen O’Connor
`1650 Market Street, Suite 2800
`Philadelphia, PA 19103
` 215-665-5585
`tmorourke@cozen.com
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`Attorneys for Wellness and Pain
`Management Connection, LLC
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`2
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`Case 1:20-cv-00107-NT Document 9 Filed 05/11/20 Page 3 of 3 PageID #: 51
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this, the 11th day of May, 2020, I electronically filed the
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`above document with the Clerk of Court using the CM/ECF system which will send
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`notification of such filing to the following:
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`MATTHEW S. WARNER
`mwarner@preti.com
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`MICHAEL D. TRAISTER
`mtraister@mpmlaw.com
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`To my knowledge, there are no non-registered parties or attorneys participating in this
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`case.
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`/s/ Christopher C. Taub
`Christopher C. Taub
` Deputy Attorney General
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`Six State House Station
` Augusta, Maine 04333-0006
` Tel. (207) 626-8800
`Fax (207) 287-3145
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