CALABRIA RISTORANTE, INC. v. RUGGIERO SEAFOOD

Civil Action No. 21-3712 (JXN) (AME).

706 F.Supp.3d 489 (2023)

CALABRIA RISTORANTE, INC., Plaintiff, v. RUGGIERO SEAFOOD, INC.; Performance Food Group a.k.a. Performance Food Service; Roma Food Enterprises, Inc.; NGC, Inc. d/b/a The Town Dock; and John Does (1-10) and XYZ Corporations (1-10) (Multiple, Alternative, Fictitious Entities), Defendants.

United States District Court, D. New Jersey.

Signed December 14, 2023.


Attorney(s) appearing for the Case

Stephen T. Sullivan, Jr., Keefe Law Firm, LLC, Red Bank, NJ, Marisa Jean Hermanovich, Richard M. King, Jr., Kingbarnes LLC, Northfield, NJ, for Plaintiff.

William K. Pelosi, Litchfield Cavo LLP, Cherry Hill, NJ, Peter Joseph Fazio, Aaronson Rappaport Feinstein & Deutsch LLP, New York, NY, for Defendant Performance Food Group, Inc.


OPINION

This matter comes before the Court on the following three motions to dismiss Plaintiff Calabria Ristorante, Inc.'s ("Plaintiff") class action complaint (ECF No. 1-2) (the "Complaint") filed pursuant to Federal Rule of Civil Procedure 12(b)(6): (1) Defendant...

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