Vital Distributions, LLC v. Pepperidge Farm, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 VITAL DISTRIBUTIONS, LLC, Case No.: 2:22-cv-00319-MCE-KJN Plaintiff, v. MEMORANDUM AND ORDER PEPPERIDGE FARM,

INCORPORATED,

15 Defendant.

17 By way of this action, Plaintiff Vital Distributions, LLC, (“Plaintiff”) seeks to recover 18 from Defendant Pepperidge Farm, Inc., (“Defendant”) for various injuries arising out of 19 Defendant’s purported breaches of the parties’ “Consignment Agreement” (hereafter 20 “Agreement”). Presently before the Court is Defendant’s Motion to Dismiss each of 21 Plaintiff’s claims, ECF No. 20,1 and its Motion for Protective Order Staying Discovery 22 Pending Resolution of the Motion to Dismiss, ECF No. 28. For the following reasons, 23 the Motion to Dismiss is DENIED, and the Motion for Protective Order is DENIED as 24 moot.2

1 Although Defendant’s Notice of Motion includes a reference to Federal Rule of Civil Procedure 26 12(f), the Court does not construe this as a Motion to Strike and those references will be disregarded.

2 Because oral…