Nucal Foods, Inc. v. Quality Egg LLC

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 by an outbreak of salmonella enteritidis (“SE”) that sickened as' many as 62,000 people. (First Am. Compl. ¶ 1) (“FAC”). At all times relevant to this action,…