EAT RIGHT FOODS, LTD. v. WHOLE FOODS MARKET, INC.

Case No. C13-2174RSM.

EAT RIGHT FOODS, LTD., Plaintiff, v. WHOLE FOODS MARKET, INC., et al., Defendants.

United States District Court, W.D. Washington, Seattle.

May 14, 2015.


Attorney(s) appearing for the Case

Eat Right Foods Ltd, Plaintiff, represented by Mark P Walters , LOWE GRAHAM JONES & Lawrence D Graham , LOWE GRAHAM JONES.

Whole Foods Market Services, Inc, Defendant, represented by Christopher L Graff , PIRKEY BARBER LLP, Jared E Matthysse , PIRKEY BARBER LLP, Stephen P Meleen , PIRKEY BARBER LLP & Christopher W Tompkins , BETTS PATTERSON & MINES.

Whole Foods Market Pacific Northwest Inc., Defendant, represented by Jared E Matthysse , PIRKEY BARBER LLP.

Whole Foods Market Services, Inc, Counter Claimant, represented by Christopher L Graff , PIRKEY BARBER LLP, Jared E Matthysse , PIRKEY BARBER LLP, Stephen P Meleen , PIRKEY BARBER LLP & Christopher W Tompkins , BETTS PATTERSON & MINES.

Eat Right Foods Ltd, Counter Defendant, represented by Mark P Walters , LOWE GRAHAM JONES & Lawrence D Graham , LOWE GRAHAM JONES.

Whole Foods Market Pacific Northwest Inc., Counter Claimant, represented by Jared E Matthysse , PIRKEY BARBER LLP.

Whole Foods Market Services, Inc, Counter Claimant, represented by Christopher L Graff , PIRKEY BARBER LLP, Jared E Matthysse , PIRKEY BARBER LLP, Jay Warren , IN HOUSE COUNSEL FOR WHOLE FOODS MARKET, Stephen P Meleen , PIRKEY BARBER LLP & Christopher W Tompkins , BETTS PATTERSON & MINES.

Eat Right Foods Ltd, Counter Defendant, represented by Mark P Walters , LOWE GRAHAM JONES & Lawrence D Graham , LOWE GRAHAM JONES.

Whole Foods Market Services, Inc, ThirdParty Plaintiff, represented by Christopher L Graff , PIRKEY BARBER LLP, Jared E Matthysse , PIRKEY BARBER LLP, Stephen P Meleen , PIRKEY BARBER LLP & Christopher W Tompkins , BETTS PATTERSON & MINES.

Nutritional Excellence, LLC, ThirdParty Defendant, represented by Joseph M Pastore, III , PASTORE & DAILEY LLC, Michael A Zamat , PASTORE & DAILEY LLC & Molly A Terwilliger , SUMMIT LAW GROUP.

Kevin Leville, ThirdParty Defendant, represented by Joseph M Pastore, III , PASTORE & DAILEY LLC, Michael A Zamat , PASTORE & DAILEY LLC & Molly A Terwilliger , SUMMIT LAW GROUP.


ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

This matter comes before the Court on the remaining parties' Cross-Motions for Summary Judgment. Dkts. #90 and #96. Defendants, Whole Foods Market Services, Inc. ("WFMI") and Whole Foods Market Pacific Northwest, Inc. ("WFMPNW"),...

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