Five Star Gourmet Foods, Inc. v. Fresh Express, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA

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7 FIVE STAR GOURMET FOODS, INC., et al., Case No. 19-cv-05611-PJH 8 Plaintiffs, 9 ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS 10 FRESH EXPRESS, INC., et al., Re: Dkt. No. 33 11 Defendants. 12

13 14 Defendant Plastic Ingenuity, Inc.’s (“Plastic Ingenuity”) motion to dismiss came on 15 for hearing before this court on February 19, 2020. Plaintiffs Five Star Gourmet Foods, 16 Inc. (“Five Star”) and Direct Pack, Inc. (“Direct Pack”) appeared through their counsel, 17 Chris Arledge. Defendant appeared through its counsel, Thomas Brown. Having read 18 the papers filed by the parties and carefully considered their arguments and relevant 19 authority, and good cause appearing, the court hereby GRANTS defendant’s motion for 20 the following reasons. 21 BACKGROUND 22 On September 5, 2019, plaintiffs Five Star and Direct Pack filed the original 23 complaint in this action against defendants Fresh Express, Inc. (“Fresh…