Tat Tohumculuk A.S. v. H. J. Heinz Company, et al

Filing 18

STIPULATION and ORDER 17 signed by Senior Judge William B. Shubb on 6/7/2013 RESETTING MOTION HEARING on 12 Defendants' MOTION to DISMISS for 8/12/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiff's opposition to the Motion will be due on or before July 22, 2013. Defendants' reply to Plaintiff's opposition to the Motion will be due on or before August 2, 2013. (Kirksey Smith, K)

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Effie F. Anastassiou, Esq. (SBN 96279)
ANASTASSIOU & ASSOCIATES
242 Capitol Street
Post Office Box 2210
Salinas, California 93902
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
TAT TOHUMCULUK A. S.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAT TOHUMCULUK A. S., a Turkish )
company,
)
)
Plaintiff,
)
)
v.
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)
H.J. HEINZ COMPANY, a Pennsylvania )
corporation registered to do business in )
California, and HEINZSEED, a division of )
H.J. HEINZ COMPANY
,
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Defendants.
)
____________________________________ )

CASE NO. 2:13-cv-00773-WBS-KJN

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE MOTION TO DISMISS
Proposed Hearing Information:
Date:
August 12, 2013
Time:
2:00 p.m.
Courtroom: 5

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WHEREAS, on May 30, 2013 Defendants H. J. HEINZ COMPANY L.P., erroneously sued as
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"H. J. Heinz Company" and HEINZSEED, an unincorporated division of H.J. HEINZ COMPANY L.P.
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(collectively, "Defendants") filed their Motion of Defendant to Dismiss Complaint of Plaintiff (the
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“Motion”);1
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WHEREAS, the Motion is currently scheduled to be heard on July 29, 2013;
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WHEREAS, counsel for Plaintiff TAT TOHUMCULUK A. S. ("Plaintiff") is unavailable to
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attend the hearing on July 29, 2013 due to a previously scheduled vacation day; and
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ECF No. 12.

Tat Tohumculuk v. Heinz Seed
Case No. 2:13-cv-00773-W BS-KJNC

S TIPU LATIO N

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AN D

O RD ER TO C O N TIN U E M O TIO N TO
D ISM ISS

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WHEREAS, counsel for Defendants and for Plaintiff wish to stipulate to move the hearing date

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on the Motion to August 12, 2013 at 2:00 p.m. and to have the deadlines to file the opposition and the

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reply relating to the motion re-set accordingly;

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THEREFORE, IT IS HEREBY STIPULATED between counsel for Plaintiff and counsel for

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Defendants that:

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1.

The hearing on the Motion is continued to August 12, 2013 at 2:00 p.m. in Courtroom 5;

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2.

Plaintiff's opposition to the Motion will be due on or before July 22, 2013; and

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3.

Defendants' reply to Plaintiff's opposition to the Motion will be due on or before August

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2, 2013.
SO STIPULATED.

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Dated: June 3, 2013

ANASTASSIOU & ASSOCIATES

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By:

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/s/ Effie F. Anastassiou
Effie F. Anastassiou, Esq.
Attorneys for Plaintiff,
TAT TOHUMCULUK A. S.

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Dated: June 5, 2013

REED SMITH LLP

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By:

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ORDER

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/s/ Michael T. Scott
Michael T. Scott, Esq.
Attorneys for Defendants,
H. J. HEINZ COMPANY L.P., erroneously sued as
"H. J. Heinz Company" and HEINZSEED, an
unincorporated division of H.J. HEINZ
COMPANY, L.P.

Pursuant to the foregoing stipulation of the parties,
IT IS SO ORDERED.

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Dated: June 7, 2013
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Tat Tohumculuk v. Heinz Seed
Case No. 2:13-cv-00773-W BS-KJNC

S TIPU LATIO N

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AN D

O RD ER TO C O N TIN U E M O TIO N TO
D ISM ISS