LOZAR v. BIRDS EYE FOODS, INC.

Case No. 1:09-cv-10.

678 F.Supp.2d 589 (2009)

Randall & Heather LOZAR, Juan & Erica Cortez, Randy T. Baker & Marcy Baker, Sonny & Deanna Bustillos, Juanita & Juan Rodriguez, Dale Zuidema, David Nauta, Daniel & Nyoka Martinez, Harold & Deana Hicks, Jennifer Hicks & Clifton Hicks, Janice Reed, Stephen Martin and Frances Martin, Jane Jacobson and Leon Stam, Noemi Diaz Miguel, Sigfredo Arriola, San Juan Benevides, Martin De Lucas, Felipa Diaz, Anne Hanson, Vicente James, Eleno Dias, Roger and Michelle Martin, and Francisco and Maria Rodriguez, Plaintiffs, v. BIRDS EYE FOODS, INC., Defendant.

United States District Court, W.D. Michigan, Southern Division.

December 22, 2009.


Attorney(s) appearing for the Case

Marlo D. Smith, M D Smith Law Office PLLC, Kalamazoo, MI, for Plaintiffs.

Douglas A. Donnell, Brian M. Andrew, Mika Meyers Beckett & Jones PLC, Grand Rapids, MI, for Defendant.


OPINION and ORDER

PAUL L. MALONEY, Chief Judge.

"Lozar 3"

Granting in Part and Denying in Part the Motion to Dismiss Parts of Count One and Two:

Dismissing Count 1 (Negligence) for Failure to State a Claim to the Extent that it Relies on Negligence Per Se Consisting of Alleged Violation of the SDWA

Declining to Dismiss Count 1 (Negligence) for...

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