Gold'n Plump Farms v. Wenda Am., No. 12-3198 (JRT/LIB), 2013 U.S. Dist. LEXIS 133902 (D. Min. Sept. 19, 2013)

(supplier sold USDA-approved food ingredients to poultry company, which used the ingredients to process poultry products before shipping them to its corporate affiliate for sale to the public; case involves lawsuit over poultry company's receipt of shipment mistakenly containing non-approved food ingredient, which poultry company inadvertently used to process thousands of pounds of poultry; USDA ultimately required affiliate to destroy misbranded product, and affiliate sued supplier for breach of contract and breach of warranty as a third-party beneficiary; supplier filed third-party complaint for breach of contract and contribution against poultry company, and poultry company responded with six counterclaims, five of which sought declaratory judgments that the supplier had breached its contract and warranties and that it was required to indemnify poultry company for any losses; in dismissing the five counterclaims, court found that they were not ripe for adjudication because poultry company’s potential damages were “speculative and contingent,” as opposed to “certainly impending” since it was possible that poultry company would owe nothing to the affiliate; finding not overcome by fact that poultry company had voluntarily agreed to pay its affiliate the amount of any damages not recovered from the supplier).