Cargill, Incorporated v. WDS, Inc. et al

Filing 133

ORDER denying 62 Motion to Dismiss ; denying 62 Motion for More Definite Statement; denying 64 Motion to Dismiss for Failure to State a Claim; denying 64 Motion for More Definite Statement; denying 86 Motion to Strike ; denying 91 Motion to Strike ; denying 128 Motion for Determination of Applicable Law. Signed by Chief Judge Frank D. Whitney on 11/7/17. (clc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:16-cv-00848-FDW-DSC CARGILL. INC., and CARGILL MEAT ) SOLUTIONS, CORP., ) ) Plaintiffs, ) ) vs. ) ) WDS, INC., JENNIFER MAIER, and ) BRIAN EWERT, ) ) Defendants. ) ORDER THIS MATTER is before the Court on several motions by the parties, including Defendants’ Motions to Dismiss (Docs. Nos. 62, 64) and related Motions to Strike (Docs. Nos. 86, 91), as well as Defendant Maier’s Motion for Determination of Applicable Law (Doc. No. 128). The Court has reviewed the parties’ pleadings, as well as applicable law, and hereby DENIES these motions. This ruling is without prejudice to Defendants’ ability to reassert their arguments, if applicable, within any motion for summary judgment filed in this case. IT IS THEREFORE ORDERED that Defendants’ Motions to Dismiss (Docs. Nos. 62, 64) and Motions to Strike (Docs. Nos. 86, 91) are DENIED. IT IS FURTHER ORDERED that Defendant Maier’s Motion for Determination of Applicable Law is DENIED. IT IS SO ORDERED. Signed: November 7, 2017

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