FELLNER v. TRI-UNION SEAFOODS, L.L.C.

Filing 49

ORDER granting in part and denying in part 35 Motion to Dismiss ; denying 44 Motion to Strike deft's motion for judicial notice. Signed by Judge Dennis M. Cavanaugh on 04/13/2010. (nr, )

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________ : : DEBORAH FELLNER, : : Plaintiff, : : v. : Hon. Dennis M. Cavanaugh : : ORDER TRI-UNION SEAFOODS, L.L.C., d/b/a : CHICKEN OF THE SEA, : Civil Action No. 06-CV-0688 (DMC) : : Defendant. : : :

DENNIS M. CAVANAUGH, U.S.D.J.: This matter comes before the Court upon motion to dismiss by Tri-Union Seafoods, LLC ("Defendant"). Deborah Fellner ("Plaintiff") asserts claims against Defendant, alleging violations of the New Jersey Products Liability Act ("NJPLA"), N.J.S.A. 2A:58C-1 et seq. and the New Jersey Consumer Fraud Act ("CFA"), N.J.S.A. 56:8-1 et seq. for caning and distributing albacore tuna containing harmful mercury compounds, while failing to warn and disclose the harms associated with the mercury contained in its albacore tuna products. Defendant moves to dismiss Plaintiff's Amended Complaint pursuant to FED. R. CIV. P. 12(b)(6). Having considered the parties' submissions, and for the reasons set forth in the Court's Opinion of this day, IT IS on this 13th day of April, 2010;

ORDERED that Defendant's motion is granted with respect to Counts II and III of

Plaintiff's Amended Complaint (CFA and punitive damages claims); and it is further ORDERED that Defendant's motion is denied as to Count I of Plaintiff's Amended Complaint; and it is further ORDERED that Plaintiff's motion to strike Defendant's motion for judicial notice is denied.1 S/ Dennis M. Cavanaugh Dennis M. Cavanaugh, U.S.D.J. Orig.: cc: Clerk's Office All Counsel of Record The Honorable Mark Falk, U.S.M.J. File

In accordance with the Court's Opinion and Order of this day, Docket Entry Nos. 35, 44 are hereby terminated.

1