Indian Harbor Ins. Co. v. Sarant Int'l Commodities Inc.

Subrogated Insurer May Amend Suit to Bring SAC Alleging Breaches of Contract, Warranties

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MEMORANDUM AND ORDER I. PRELIMINARY STATEMENT Plaintiff, Indian Harbor Insurance Company (“Indian Harbor” or “Plaintiff”), as subrogee of B&G Foods, Inc. (“B&G”), commenced this action against Defendants Sarant International Commodities, Inc. (“Sarant”), Celsan Ithalat Ihracat Ve Ticaret Limited Sirketi (“Celsan”), and Shandong Richfield Foodstuffs Industry Co., Ltd. (“Shandong”) (collectively, “Defendants”) alleging claims based on strict liability for product defect and negligence. See generally Amended Complaint (“Am. Compl.”) [DE 16]. Plaintiff alleges that Defendants manufactured, distributed, and/or supplied spices to B&G which contained prohibited allergens, namely, peanuts and almonds. Id. Presently before the Court is Plaintiff’s motion for leave to file a second amended complaint, pursuant to Rule 15(a) of the Federal Rules of Civil Procedure. See Plaintiff’s Memorandum of Law in Support of Motion to Amend (“Pl.’s Mem.”) [DE 48]; Plaintiff’s Reply Memorandum of Law in Support of Motion to Amend (“Pl.’s Reply”) [DE 50]. Specifically, Plaintiff seeks to add claims for breach of express and implied warranties against the Defendants, in addition to a claim for breach of contract solely against Defendant Sarant. Id. Defendant Sarant opposes the motion on the grounds that the amendments are futile. See Defendant’s Memorandum in Opposition to Plaintiff’s Motion to Amend (“Def.’s Opp’n”) [DE 49]. For the reasons which follow, Plaintiff’s motion for leave to file a second amended complaint is GRANTED. Plaintiff is directed to file its second amended complaint within 14 days of the entry of this Memorandum and Order. II. RELEVANT BACKGROUND¹ B&G, a New Jersey corporation, manufactures, distributes, and sells food products. Am. Compl. 3. Defendant Sarant, a New York corporation, imports and distributes wholesale spices. Id.

4, 9. Defendants Celsan and Shandong are foreign corporations which manufacture, supply, distribute, and import wholesale spices. Id.

Indian Harbor Ins. Co. v. Sarant Int'l Commodities Inc.

Subrogated Insurer May Amend Suit to Bring SAC Alleging Breaches of Contract, Warranties

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