Off-Spec Solutions, LLC v. H.J. Heinz Company, L.P.
| Off-Spec Solutions, LLC |
| H.J. Heinz Company, L.P. |
| 1:2016cv00123 |
| March 24, 2016 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Canyon - Southern |
| Ronald E. Bush |
| Other Contract |
| 28 U.S.C. ยง 1330 |
| Plaintiff |
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Filing
69
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that Plaintiff's Motion for Partial Summary Judgment (Dkt. 27 ) is GRANTED IN PART AND DENIED IN PART. To wit: the Court GRANTS Plaintiff's motion to the extent it seeks a holding that th e parties' written agreement requiring Heinz to deliver and Off-Spec to purchase "all solid potato by-product such as cull potatoes, fries, etc., Press Cake, dry peel" is unambiguous. The Court otherwise DENIES Plaintiff's motion. Signed by Judge Ronald E. Bush. (km)
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Filing
40
MEMORANDUM DECISION AND ORDER ON MOTION TO DISMISS - the Motion to Dismiss (Dkt. 22 ) is hereby DENIED. Heinz is directed to file an answer to the Amended Complaint within 14 days of the date of this Order, after which the Court will set a telephonic scheduling conference. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
19
MEMORANDUM DECISION AND ORDER ON MOTION TO DISMISS granting in part and denying in part 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR STRIKE ALLEGATIONS. Counts Three, Four, Five, and Seven are DISMISSED, BUT WITH LEAVE TO AMEND. The Cou rt hereby strikes the claim for attorney fees. Plaintiff may file an amended complaint. Any such amended complaint must be filed within fourteen days of the date of this Order. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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| Plaintiff: Off-Spec Solutions, LLC | |
| Represented By: | J. Will Varin |
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| Defendant: H.J. Heinz Company, L.P. | |
| Represented By: | Shawnee S Perdue |
| Represented By: | Jaren Nichole Wieland |
| Represented By: | Steven P Wieland |
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