Casillas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BEN CASILLAS, et al., Case No. 23-cv-01609-AMO

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. THIRD PARTY DEFENDANT’S

COUNTERCLAIM

BAYER CORPORATION, Re: Dkt. No. 48 Defendant.

12 Defendant Bayer Healthcare LLC’s (“Bayer”)1 motion to dismiss the counterclaim of Third-Party Defendant Linoleum Sales Co. Inc. dba Anderson Commercial Flooring (“Anderson”) was heard before this Court on March 7, 2024. Having read the papers filed by the parties and carefully considered their arguments therein and those made at the hearing, as well as the relevant legal authority, the Court hereby GRANTS the motion for the following reasons. I. BACKGROUND2 Bayer and Anderson have a long-standing relationship – they entered into a Master Services Agreement (the “MSA”) governing Bayer’s ongoing needs for flooring installation and repair on or about April 10, 2013. ECF 14-1. Relevant here, the parties agreed to indemnify each other. The indemnification…