Grocery Outlet, Inc. v. Naftali, Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 GROCERY OUTLET, INC., Case No. 23-cv-05254-CRB
Plaintiffs,
ORDER DENYING MOTION TO
v.
STRIKE, GRANTING MOTION TO
DISMISS
NAFTALI, INC., Defendants.
Grocery Outlet, Inc. and one of its suppliers, Naftali, Inc., have sued each other over Naftali’s sale of pesticidal sanitary wipes to Grocery Outlet. Grocery Outlet now brings two alternative motions: (1) a motion to strike Naftali’s second amended answer in its entirety and (2) a motion to dismiss Naftali’s three newly alleged counterclaims (for breach of contract, fraudulent inducement, and negligent misrepresentation). Finding this matter suitable for resolution without oral argument pursuant to Local Civil Rule 7-1(b), the Court DENIES the motion to strike and GRANTS the motion to dismiss. I. BACKGROUND A. The Parties Naftali is a Florida corporation that markets and manufactures goods, such as sanitary wipes and other travel and self-care products. Second Amended…