Lawsuit against Tumbleweed Dispensary alleges millions of dollars in missed payments |

Lawsuit against Tumbleweed Dispensary alleges millions of dollars in missed payments

Tumbleweed Dispensary owners and former owner of Rocky Mountain Remedies are set to appear in a five-day jury trial this July.
Kit Geary/Steamboat Pilot & Today

A five-day civil trial involving Tumbleweed Dispensary’s purchase of the former Steamboat Springs dispensary Rocky Mountain Remedies is set to start July 24. 

14th Judicial District Chief Judge Michael O’Hara mentioned during a pretrial conference on Thursday, April 6, that he believes this case is in the top 5% of most document-heavy cases he has seen in Routt County, with the case involving upward of 30,000 pages of interrelated documents.

In the complaint, plaintiffs Kevin Fisher and Ryan Fisher — the former owners of Rocky Mountain Remedies, who are not related — allege the principals and operators of Tumbleweed Dispensary in Steamboat, Mark Smith and Sherri Lynn Marzario, owe them more than $2 million from the sale in August 2020.

The $2 million represents half of the total price of the sale, which the complaint indicated was $4 million. The complaint alleges the defendants promised to pay the plaintiffs the remaining amount in due course. However, the plaintiffs claim they were never paid the remaining balance and were not given any justification for the lack of payment.

According to the plaintiffs, Tumbleweed provided Kevin Fisher and Ryan Fisher each with a $1 million promissory note and gave Kevin Fisher an additional $250,000 promissory note, all dated Aug. 11, 2020, in accordance with an agreement that was signed in March 2019 by both parties.

The complaint shows both Kevin and Ryan Fisher put accruing rates on the amount owed to them for every day they say they have not been paid.

Tumbleweed is being represented by Denver-based attorneys Mark Wilding and Nadav Aschner. Aschner specializes in the cannabis industry. Meanwhile, the Fishers are being represented by Steamboat-based attorneys Gary Engle and Casey Quillen.

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Attorneys have already had two pretrial readiness conferences with O’Hara. The second pretrial conference was a continuation of the first, occurring March 31, due to a lengthy list of discovery disputes. 

Originally set for trial in May, the defendant’s counsel requested a continuance, pushing the date back two months.

Just before the sale of Rocky Mountain Remedies in the summer of 2019, Kevin Fisher and Ryan Fisher filed a lawsuit against Steamboat Springs. That lawsuit stemmed from a City Council decision to prohibit Rocky Mountain Remedies to move locations from the west end of town to a more prominent spot between downtown and Steamboat Resort. The case was dismissed on June 14, 2019, by a Routt County judge.

Later in July 2019, Kevin and Ryan Fisher got approval from City Council to sell Rocky Mountain Remedies to Tumbleweed Dispensaries.

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