Legal Opinion

Backus v. Nestlé USA, Inc.

District Court, N.D. California

Decided March 8, 2016No. C-15-1963 MMCPublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT NESTLÉ USA’S MOTION TO DISMISS FIRST AMENDED COMPLAINT

MAXINE M. CHESNEY, United States District Judge

Before the Court is defendant Nestlé USA, Inc.’s (“Nestlé”) Motion to Dismiss the First Amended Complaint, filed July 17, 2015, pursuant to Rules 8, 9(b), 12(b)(1), and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Troy Backus (“Backus”) has filed opposition, to which Nestlé has replied. The matter came on regularly for hearing on August 21, 2015, after which, with leave of Court, both parties have filed supplemental briefing. In addition, Nestlé has…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  4. Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by4 opinions

  1. Krommenhock v. Post Foods, LLCDistrict Court, N.D. California · 2017
  2. Beasley v. Conagra Brands, Inc.District Court, N.D. California · 2019
  3. Beasley v. Lucky Stores, Inc.District Court, N.D. California · 2019
  4. Hawkins v. Kellogg Co.District Court, S.D. California · 2016

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