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. 38 11 Defendants. 12

13 14 Defendant Proseal America, Inc.’s (“Proseal”) motion to dismiss came on for 15 hearing before this court on February 19, 2020. Plaintiffs Five Star Gourmet Foods, Inc. 16 (“Five Star”) and Direct Pack, Inc. (“Direct Pack”) appeared through their counsel, Chris 17 Arledge. Defendant appeared through its counsel, Jeanne Gills. Having read the papers 18 filed by the parties and carefully considered their arguments and relevant authority, and 19 good cause appearing, the court hereby GRANTS defendant’s motion for the following 20 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 Express”),…