Porrazzo v. Bumble Bee Foods, LLC

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court is Defendants’ Motion to Dismiss Plaintiffs Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), (Doc. 19), and Defendants’ unopposed Motion for Judicial Notice, (Doc. 22). For the reasons stated below Defendants’ Motion for Judicial Notice is GRANTED and Defendants’ Motion to Dismiss is GRANTED in part and DENIED in part.

I. Background

The following facts are assumed to be true for purposes of the motion.

Plaintiff Lee Porrazzo consumed approximately ten six-ounce cans of tuna fish per week…