Topsource (Beijing) Seed Co., LTD. v. Modesto Seed Company, Inc.

Filing 22

STIPULATED JUDGMENT After Settlement, signed by Magistrate Judge Barbara A. McAuliffe on 11/3/15. CASE CLOSED. (Verduzco, M)

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Jeffrey H. Lowenthal (State Bar No. 111763)
Michelle Akerman (State Bar No. 265022)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
One California Street, Third Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]

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Attorneys for Plaintiff
Topsource (Beijing) Seed Co., Ltd.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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FRESNO DIVISION

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TOPSOURCE (BEIJING) SEED CO.,
LTD.,
Plaintiff,

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Case No. 1:15-cv-00208
STIPULATED JUDGMENT AFTER
SETTLEMENT

v.
MODESTO SEED COMPANY, INC.,
Defendant.

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Based on the Settlement Agreement and Stipulation for Entry of Judgment of the parties
and good cause appearing therefore, the Court hereby finds as follows:

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A. On or about May 18, 2011, plaintiff TOPSOURCE (BEIJING) SEED CO., LTD.
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(“Topsource”), on the one hand, and defendant MODESTO SEED COMPANY, INC.
(“Modesto Seed”), on the other hand, entered a written Contract on Seed Production
(“Contract”). Under the terms of the Contract, Topsource was to produce approximately

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25,000 kilograms of seeds for Modesto Seed, comprised of tomato seeds (priced at 14526
200 ¥ per kilogram, depending on the variety), pepper seeds (priced at 125 ¥ per
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kilogram), tomato stockseeds (priced at 195 ¥ per kilogram), and pepper stockseeds
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(priced at 235 ¥ per kilogram).

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B. Between September 2011 and December 2011, Topsource delivered approximately 18,115

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kilograms of seeds, for a Contract price of $562.480.40, to Modesto Seed, per the

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Contract.

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C. Topsource subsequently sent three invoices to Modesto Seed for the seed it delivered
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between September and December 2011. The first invoice, Invoice No. TPSS2011-004,
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was dated September 27, 2011, and was in the amount of ¥836250 (approximately
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$132,755 based on the exchange rate as of the invoice date). Modesto Seed paid this
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invoice in full by payments made on November 16, 2011 and January 16, 2012, except for
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approximately $570. The second invoice, Invoice No. TPPS2011-024, was dated
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November 4, 2011, and was in the amount of $375,946.44. The third and last invoice,
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Invoice No. TPPS2011-027, was dated November 8, 2011 and was in the amount of
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$52,753.44. On February 21, 2012 and May 7, 2012, Modesto Seed made partial
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payments totaling $199,988 towards Invoice Nos. TPSS2011-024 and TPPS2011-027, but
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has not made any further payments to date. Accordingly, there is currently due and owing
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to Topsource from Modesto Seed $229,281.88 plus interest at the maximum legal rate
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from December 30, 2011.
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Accordingly, based on the foregoing and the stipulation of the parties, and good cause
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appearing therefore, IT IS HEREBY ORDERED ADJUDGED AND DECREED that judgment
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be entered as follows:
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1. Against Modesto Seed Company, Inc. in the amount of $313,770, representing
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$229,281.88 plus interest at the maximum legal rate from December 30, 2011.
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2. The parties shall bear their own attorney’s fees and costs.
3. Modesto Seed Company, Inc.’s cross-claim is dismissed with prejudice.

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IT IS SO ORDERED.

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Dated:

November 3, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE