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17-1247 - Agropur, Inc. v. Scoular Company, The

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Agropur Cooperative, Plaintiff
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17-1247 - Agropur, Inc. v. Scoular Company, The
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August 8, 2017
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ORDER: (1) Defendant The Scoular Company's Partial Motion to Dismiss and Motion for Extension of Time to Respond to the Complaint [Dkt. No. 20] is GRANTED IN PART AND DENIED IN PART as follows: (a) Count I of Plaintiff Agropur, Inc.'s Complaint is DISMISSED WITH PREJUDICE to the extent it alleges an express warranty based solely on the email attached as Exhibit A to the Complaint. (b) The Scoular Company's motion to dismiss Count II is DENIED. (c)The Scoular Company must serve a responsive pleading to the Complaint within 14 days of the date of this Order.(Written Opinion) Signed by Judge Joan N. Ericksen on August 8, 2017. (CBC)