SEARCH

Thomas v. ConAgra Foods Inc.

Motion to Amend Complaint Denied; Diligence in Seeking Leave to Amend Not Argued, Shown

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION Plaintiff Carol Thomas (“Plaintiff”) commenced the instant action on or about April 14, 2020, asserting products liability claims for design defect, manufacturing defect, failure to warn, non-specific defect,¹ and negligence against ConAgra Foods, Inc., ConAgra Brands, Inc., DS Containers, Inc., and Full-Fill Industries, LLC (collectively “Defendants”), arising out of the combustion of a cooking spray can and resulting injuries to Plaintiff. (Dkt. 1). Presently before the Court is the Report and Recommendation (the “R&R”) issued by United States Magistrate Judge Mark W. Pedersen on April 21, 2022 (Dkt. 59), recommending that the Court deny Plaintiff’s motion to amend the complaint (Dkt. 48). For the reasons set forth below, the Court adopts the R&R to the extent that it denies Plaintiff’s motion to amend. BACKGROUND The Court assumes familiarity with the factual and procedural background of this case. The Court will provide a summary of certain background information particularly relevant to its evaluation of Plaintiff’s motion to amend and the R&R. In the complaint, Plaintiff alleges that DS Containers, Inc., manufactured vented DOT-2Q cooking spray cans; that Full-Fill Industries, LLC, filled, assembled, and packaged vented DOT-2Q cooking spray cans; and that ConAgra Foods, Inc. and Conagra Brands, Inc. sold and distributed various branded and private label cooking sprays to retailers throughout the United States and knew that DOT-2Q vented cooking spray containers released their contents at lower temperatures than is allowed by manufacturing specifications and tolerances. (Dkt. 1 at

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›