Apple Hill Growers v. El Dorado Orchards, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 APPLE HILL GROWERS, No. 2:17-cv-02085-TLN-CKD Plaintiff, v. ORDER EL DORADO ORCHARDS, et al., Defendants. 16 This matter is before the Court pursuant to Defendants El Dorado Orchards, Mason Visman, Brad Visman, and Kandi Visman’s (collectively, “Defendants”) Motion to Dismiss and Motion for Summary Judgment. (ECF No. 5.) Plaintiff Apple Hill Growers (“Plaintiff”) filed an opposition. (ECF No. 6.) For the reasons set forth below, Defendants’ Motion to Dismiss is hereby GRANTED in part and DENIED in part, and Defendants’ Motion for Summary Judgment is hereby DENIED. (ECF No. 5.) /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff, a California corporation, licenses the sale and provision of APPLE HILL brand goods and services through its duly licensed and authorized members/growers. (ECF No. 1 at 2.) Plaintiff alleges the public first became exposed to the APPLE HILL…