Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nucal Foods, Inc v. Quality Egg LLC; et al

October 3, 2012

NUCAL FOODS, INC., PLAINTIFF,
v.
QUALITY EGG LLC; ET AL.,
DEFENDANTS.



ORDER

This matter comes before the court upon the requests for reconsideration filed by plaintiff (ECF 123 and 135) and the Hillandale Farms defendants (ECF 141).

I. FACTS AND PROCEDURAL HISTORY

Plaintiff filed its complaint on November 18, 2010 against three defendants --

Quality Egg LLC ("Quality Egg"), Wright County Egg, and Hillandale Farms of Iowa, Inc. -- alleging seven causes of action: 1) breach of implied warranty of merchantability against all defendants; 2) breach of implied warranty of fitness for particular purpose against all defendants;

3) fraud against Quality Egg and Wright County; 4) negligence against all defendants;

5) equitable indemnification against all defendants; 6) negligent interference with prospective economic advantage against all defendants; and 7) unfair competition against all defendants. (ECF 1.)

The court granted plaintiff's motion for modification of pretrial scheduling order and leave to file first amended complaint on January 27, 2012. (ECF 60.) Plaintiff filed its amended complaint on January 30, 2012 against eight defendants -- Quality Egg, DeCoster Revocable Trust ("DeCoster Trust"), Austin "Jack" DeCoster, DeCoster Enterprises LLC ("DeCoster Enterprises"), Environ/Wright County Inc. ("Environ"), Hillandale Farms of Iowa, Inc. ("Hillandale Farms"), Hillandale Iowa LLC ("Hillandale LLC"), and Hillandale Farms of PA, Inc. ("Hillandale PA") -- alleging eight causes of action: 1) breach of implied warranty of merchantability against Quality Egg, DeCoster Trust, Jack DeCoster, DeCoster Enterprises, Environ, and Hillandale PA; 2) breach of implied warranty of fitness for particular purpose against Quality Egg, DeCoster Trust, Jack DeCoster, DeCoster Enterprises, Environ, and Hillandale PA; 3) breach of express warranty against Quality Egg, DeCoster Trust, Jack DeCoster, DeCoster Enterprises, Environ, and Hillandale PA; 4) fraud against all defendants;

5) negligence against all defendants; 6) equitable indemnification against all defendants;

7) negligent interference with prospective economic advantage against all defendants; and

8) unfair competition*fn1 against all defendants. On August 15, 2012, the court granted the motion to dismiss for lack of personal jurisdiction filed by defendants Environ/Wright County Inc., DeCoster Enterprises LLC, and DeCoster Revocable Trust, and Austin Jack DeCoster. (ECF 156.)

On April 27, 2012, the assigned magistrate judge granted Jack DeCoster's motion for a protective order staying discovery against him for six months, the Hillandale defendants' motion for a protective order staying Federal Rule of Civil Procedure*fn2 30(b)(6) depositions due to the corporate officer's incapacitation, and the motion to seal documents attached to these motions. (ECF 121.) Plaintiff filed a request for reconsideration of this order on May 2, 2012. (ECF 123.)

On May 11, 2012, the assigned magistrate judge stayed Rule 30(b)(6) depositions of Quality Egg LLC's corporate representatives until November 21, 2011, and granted DeCoster Revocable Trust and DeCoster Enterprises' request to respond to a Rule 30(b)(6) deposition notice by providing a declaration stating their lack of knowledge on designated topics. (ECF 130.) Plaintiff filed a request for reconsideration of this order insofar as it stayed Rule 30(b)(6) depositions of Quality Egg. (ECF 135.) The Hillandale defendants filed a separate request for reconsideration of this order on May 24, 2012, joining plaintiff's request in part, and asserting essentially the same arguments made by plaintiff. (ECF 141.)

II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.