Foster Poultry Farms, Inc. v. Suntrust Bank

Good Law

355 F. Supp. 2d 1145·2004 WL 3186391·2004 U.S. Dist. LEXIS 12048

United States District Court, Eastern District of CaliforniaJune 24, 2004CIV. F-04-5513 OWW SMSCalifornia4,127 words

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER ON PLAINTIFFS’ MOTION TO DISMISS DEFENDANT’S COUNTERCLAIM

I. INTRODUCTION

Foster Poultry Farms, Inc. (“Foster Farms”) and Fresno Farming LLC (“Fresno Farming”) (Collectively “Plaintiffs”) move to dismiss the counterclaim of Suntrust Bank (“Defendant”) pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. Doc. 7 (“Plaintiffs’ Motion to Dismiss”), filed May 3, 2004. Defendant opposes Plaintiffs’ motion. Doc. 13 (“Defendant’s Opposition”), filed May 24, 2004. Oral arguments were heard June 7, 2004.

II. PROCEDURAL HISTORY

Plaintiffs sued, in the Superior Court of the State of California for Stanislaus County, for monetary damages and declaratory relief arising from an alleged breach of contract with Defendant. Doc. 1, Exh. A (“Plaintiffs’ Complaint”), filed March 9, 2004. Pursuant to 28 U.S.C. §§ 1332 (a)(1), 1441, and 1446, Defendant removed the action to the United States District Court for the Eastern District of California. Doe. 1 (“Notice of Removal”) at 1, filed April 1, 2004. Defendant answered Plaintiffs’ Complaint, denied the material allegations of the complaint, and alleged an affirmative defense.…

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