SKYLINE POTATO CO. v. TAN-O-ON MARKETING, INC.

No. CIV 10-0698 JB/RHS.

879 F.Supp.2d 1228 (2012)

SKYLINE POTATO COMPANY, INC., A Colorado Corporation, Plaintiff, v. TAN-O-ON MARKETING, INC. d/b/a TMI; a Colorado corporation with a principal place of business in New Mexico, Hi-Land Potato Company, Inc., a Colorado corporation; Gerald R. Anderson, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., Julie A. Anderson, in her individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Mark Lounsbury, in his individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Bill Metz, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., and Carl Worley, in his individual capacity, as Director/Shareholder of Tan-O-On Marketing Inc., and as Director/Shareholder Hi Land Potato Company, Defendants, and Folson Farm Corporation, Potandon Produce, L.L.C., Mart Produce Corporation, Billingsley Produce Sales, Inc., Alsum Produce, Inc., and Peterson Bros. River Valley Farms, Inc., Intervening Plaintiffs, v. Tan-O-On Marketing, Inc. d/b/a TMI, and Hi-Land Potato Company, Inc., Defendants, and Tan-O-On Marketing, Inc. d/b/a TMI; Gerald R. Anderson, Julie A. Anderson, Third-Party Plaintiffs, v. Hi-Land Potato Company, Inc.; and Carl Worley, RPE, Inc. and Russell Wysocki, Third-Party Defendants.

United States District Court, D. New Mexico.

July 4, 2012.


Attorney(s) appearing for the Case

James T. Burns , Heather S. Jaramillo , Patrick J. Griebel , Albuquerque Business Law, P.C., Justin P. Pizzonia , Johanna A. Pickel , Gonzalez & Pizzonia LLC, Albuquerque, NM, for Plaintiff.

Justin P. Pizzonia , Gonzalez & Pizzonia LLC, Albuquerque, NM, Katy Koestner Esquivel , Meuers Law Firm, PL, Naples, FL, for Intervening Plaintiffs Folson Farm Corporation; Potandon Produce, L.L. C.; Mart Produce Corporation; Billingsley Produce Sales, Inc.; Alsum Produce, Inc.; and Peterson Bros. River Valley Farms, Inc.

Gordon H. Rowe III , The Rowe Law Firm, P.C., Henry M. Bohnhoff , Leslie McCarthy Apodaca, Melanie B. Stambaugh , Rodey Dickason Sloan Akin & Robb, P.A., Albuquerque, NM, for Defendants and Third-Party Defendants Hi-Land Potato Company, Inc. and Carl Worley.

Gordon H. Rowe III , The Rowe Law Firm, P.C., Albuquerque, NM, for Defendants Mark Lounsbury and Bill Metz.

Shannon Robinson , Albuquerque, NM, for Defendants and Third-Party Plaintiffs Tan-O-On Marketing Inc., Gerald Anderson, and Julie Anderson.

Benjamin F. Feuchter , William Spencer Reid , Keleher & McLeod, Albuquerque, NM, for Defendants and Third-Party Defendants RPE, Inc. and Russell Wysocki.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) Tan-O-On Marketing Inc.'s Motion to Amend Third Party Complaint for Fraud and Theft of Trade Secrets and Unjust Enrichment, filed February 2, 2012 (Doc. 105) ("Motion to Amend"); and (ii) Defendants Hi-Land Potato Company, Inc.'s and Carl Worley's Motion to Dismiss Fraud and Fraud-Related Claims in Third Party Complaint and to Dismiss...

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