ANDREWS FARMS v. Calcot, Ltd.
Opinion
Opinion
O'Neill, J.
ORDER ON DEFENDANT CALCOT’S MOTION TO DISMISS
On August 15, 2007, Defendant Calcot, Ltd. and Robert W. Norris (collectively “Calcot”) filed a motion to dismiss plaintiffs’ first amended complaint on the grounds that the Complaint fails to state grounds upon which relief can be granted, the complaint is uncertain and fails to meet the “plausibility” standard of Bell Atlantic v. Twombly, — U.S. -, 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007). Plaintiffs Andrews Farms and Greg Palla filed an opposition on September 18, 2007. Defendants filed a reply on September 28, 2007. The Court took the motion under submission without oral argument pursuant to Local Rule 78-230(h). Having considered the moving, opposition, and reply papers, as well as the Court’s file, the Court issues the following order.
FACTUAL AND PROCEDURAL BACKGROUND
The Court previously summarized the factual and procedural background of this case in Calcot’s prior motion to dismiss. (Doc. 29, p. 2-5.) The Court summarizes the relevant facts for this motion.
Calcot is organized under Chapter 1, Division 20 of the California Food and Agriculture Code, under the “Cooperative Marketing Act.” Cotton farmer members join Calcot…