Calamco

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALAMCO, No. 2:21-cv-01201-KJM-KJN Plaintiff and ORDER B Counterclaim Defendant, v: J. R. Simplot Company, et al., Defendants and Counterclaimants. 17 18 Plaintiff CALAMCO and defendant J.R. Simplot Company dispute CALAMCO’s 20 obligations under a contract related to a fertilizer known as UAN 32. CALAMCO moves for judgment in its favor on the pleadings and moves to dismiss portions of Simplot’s counterclaims. As explained in this order, the court cannot conclude as a matter of law, referencing only the 23 undisputed pleadings, that CALAMCO’s interpretation of the disputed agreement is correct. The 24 court also declines to consider Simplot’s allegations and counterclaims piecemeal, as Simplot proposes. The motions are therefore denied. 26 I. ALLEGATIONS CALAMCO and Simplot disagree about many aspects of their history, but much is also …