Driscoll's, Inc. v. California Berry Cultivars, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DRISCOLL’S INC. and DRISCOLL’S OF No. 2:19-cv-00493-TLN-CKD

EUROPE B.V.,

12 Plaintiffs, ORDER v.

CALIFORNIA BERRY CULTIVARS,

LLC and DOUGLAS SHAW, Defendants. 17 This matter is before the Court pursuant to Defendants California Berry Cultivars, LLC (“CBC”) and Douglas Shaw’s (“Shaw”) (collectively, “Defendants”) Motion to Dismiss and Motion to Strike. (ECF No. 7.) Plaintiffs Driscoll’s Inc. and Driscoll’s of Europe B.V. (collectively, “Driscoll’s” 1) oppose Defendants’ motions. (ECF No. 10.) Defendants have filed a reply. (ECF No. 11.) Having carefully considered the briefing filed by both parties, the Court hereby GRANTS in part and DENIES in part Defendants’ Motion to Dismiss and Motion to Strike. (ECF No. 7.) /// /// 27 The singular “Driscoll’s” is how Plaintiffs Driscoll’s, Inc. and Driscoll’s of Europe B.V. refer to themselves in their Complaint and thus how the Court refers to them in this Order. I. FACTUAL AND…