ECKERT v. US FOODS, INC.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY DAVID ECKERT, Plaintift, Civil Action No.: v. 2:20-cv-18177-WJM-MF U.S. FOODS, PROLOGIS, L.P., JOHN OPINION DOES 1-100 (FICTITIOUS NAMES), A.B.C. CORPORATIONS 1-100 (FICTITOUS ENTITIES) Defendants. WILLIAM J. MARTINI, U.S.D.J.: This matter comes before the Court on (1) the motion of Defendant U.S. Foods, Inc., i/p/a U.S. Foods (““USF” or “Defendant”) to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“FRCP”), ECF No. 4; and (2)…