United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE Judge
MAURICE HICKS, JR., UNITED STATES DISTRICT COURT CHIEF JUDGE
the Court is a Motion to Dismiss (Record Document 15) filed
by Defendant Chipotle Mexican Grill, Inc.
(“Chipotle”). Chipotle seeks dismissal of
Plaintiff Tamerick Gilyard's (“Gilyard”)
complaint for compensatory damages. Gilyard has opposed the
Motion to Dismiss. See Record Document 19. For the
reasons set forth below, the Motion to Dismiss (Record
Document 15) is GRANTED and all of
Gilyard's claims against Chipotle are DISMISSED
regularly consumed Chipotle's food in late January and
early February of 2016. See Record Document 15 at 2.
After showing symptoms of nausea and stomach pain, he saw a
physician for an evaluation. See id. at 3. On
February 22, 2016, Gilyard tested positive for
Helicobacter Pylori (“H.
Pylori”). See id. Gilyard alleges that
Chipotle is solely at fault for infecting him with the H.
Pylori bacteria. See id. at 4. He further
alleges that Chipotle was negligent by:
A. Failing to exercise reasonable care in storing, making,
and/or distributing the food;
B. Failing to maintain a safe environment by making and/or
serving defective and unreasonably dangerous food;
C. Breaching the implied warranty of merchantability; and
D. Any other acts and/or omissions of fault and/or negligence
to be discovered.
has now filed a Rule 12(b)(6) Motion to Dismiss for failure
to state a claim upon which relief can be granted.
See Record Document 15-1. Chipotle contends that
Gilyard failed to meet the pleading requirements under Fed.
R. Civ. P 8(a)(2) by providing conclusory and unsupported
allegations. See Record Document 20. Specifically,
Chipotle argues that Gilyard failed to prove that he was
exposed to H. Pylori while eating at Chipotle; when
and how he was exposed to H. Pylori while eating at
Chipotle; that Chipotle contaminated or created an
environment that could contaminate food; and that
Gilyard's contraction of H. Pylori was caused by
food, drink and/or utensils at Chipotle. See id. at
1-2. Gilyard opposed the Motion to Dismiss on the grounds
that the complaint sufficiently stated a cause of action
under Louisiana law. See Record Document 19 at 4.
Court will analyze the instant motion under Rule 12(b)(6).