Nucal Foods, Inc. v. Quality Egg LLC

ORDER

K.J. MUELLER, District Judge.

This matter comes before the court on defendant Quality Egg’s motion to dismiss four of five cross claims brought by codefendant Hillandale Farms of Iowa, Inc. (“Hillandale”). (ECF 125.) This motion was decided without a hearing. For the following reasons, Quality Egg’s motion to dismiss is DENIED in part and GRANTED in part.

I. PROCEDURAL HISTORY AND ALLEGED FACTS

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)…