Berkley Assurance Company v. Olam Americas, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BERKLEY ASSURANCE CO., et al., No.: 1:22-cv-00904-ADA-SAB Plaintiffs, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING,

v. IN PART, AND DENYING, IN PART,

DEFENDANT OLAM AMERICAS’ MOTION

OLAM AMERICAS, INC., et al., TO DISMISS WITHOUT LEAVE TO

AMEND SECOND CAUSE OF ACTION

Defendants. (ECF Nos. 27, 40, 56, 57)

17 On February 8, 2023, Defendant Olam Americas, Inc. (“Olam”), refiled its motion to dismiss as applied to the first amended complaint. (ECF No. 40.) The motion was referred to a United States Magistrate Judge for the preparation of findings and recommendations and/or other appropriate action pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 41.) On June 28, 2023, the Magistrate Judge issued findings and recommendations, recommending that Olam’s motion to dismiss be granted in part and denied in part. (ECF No. 56.) Specifically, the Magistrate Judge recommended Defendant’s motion to dismiss the second 25 …