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NUCAL FOODS, INC. v. QUALITY EGG LLC

No. CIV S-10-3105 KJM-CKD.

918 F.Supp.2d 1023 (2013)

NUCAL FOODS, INC., Plaintiff, v. QUALITY EGG LLC; et al., Defendants.

United States District Court, E.D. California.

January 16, 2013.

Attorney(s) appearing for the Case

William M. Goodman , Jason Sanjuro Takenouchi , Kasowitz Benson Torres & Friedman LLP, San Francisco, CA, for Plaintiff.

Troy Dean McMahan , James Mink , Filice Brown Eassa & McLeod LLP, Oakland, CA, Alison Yew , Lewis Brisbois Bisgaard and Smith LLP, San Francisco, CA, Kristin R. Eads , PHV, Faegre and Benson LLP, Sarah L. Brew , PHV, Steven Burt Toeniskoetter , Faegre Baker Daniels LLP, Minneapolis, MN, for Defendants.

ORDER

KIMBERLY J. MUELLER, District Judge.

This matter comes before the court upon defendant Quality Egg's motion to dismiss seven of plaintiff NuCal's eight claims. (ECF 70.) This motion was decided without a hearing. For the following reasons, defendant's motion to dismiss is DENIED in part and GRANTED in part.

I. ALLEGED FACTS AND PROCEDURAL HISTORY

This case arises out of a massive recall in August 2010 of shell eggs precipitated...

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