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

Filing 22

STIPULATION and ORDER 21 for leave to file Amended Complaint and withdraw Motion signed by Senior Judge William B. Shubb on 7/10/2013. Defendants' 12 Motion to Dismiss is WITHDRAWN and Hearing is VACATED. The last day for plaintiff to file F irst Amended Complaint is 7/29/2013. Defendants' Answer or Motion to Dismiss First Amended Complaint is due 8/26/2013. Plaintiff's Opposition to Motion to filed by 9/23/2013. Defendants' Reply to Opposition shall be be submitted by 10/ 7/2013. Hearing on Motion to Dismiss will be scheduled for 10/21/2013 at 2:00 PM in Courtroom 5 (WBS). Initial Scheduling Conference is CONTINUED to 11/25/2013 at 2:00 PM in Courtroom 5 (WBS). Joint Status Report to be filed no later than 11/12/2013. (Marciel, M)

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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,
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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
,
)
)
Defendants.
)
____________________________________ )

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

STIPULATION AND [PROPOSED] ORDER
TO FILE FIRST AMENDED COMPLAINT
AND TO WITHDRAW MOTION TO
DISMISS
Current 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 August 12, 2013;
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WHEREAS, in response to the Motion, Plaintiff TAT TOHUMCULUK A. S. ("Plaintiff") and
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Defendants have mutually agreed to stipulate to allow Plaintiff to file a First Amended Complaint (the
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“FAC”) in order to set forth more details concerning its allegations against Defendants;
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WHEREAS, based on such stipulation, Defendants have agreed to withdraw the current Motion;
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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 RE F IR ST A M EN D ED C O M PLAIN T
AN D M O TIO N TO D ISM ISS

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WHEREAS, counsel for Defendants and for Plaintiff wish to stipulate to set a deadline for filing

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of the FAC and to set a deadline for Defendants to file an Answer to the FAC, or in the alternative, a

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Motion to Dismiss the FAC;

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

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Management Conference currently scheduled for September 30, 2013 to November 18, 2013, or the

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first date available to the Court thereafter, in order to resolve the pleadings before the date of the Case

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Management Conference, and to exchange voluntary disclosures on or before the last day to file the

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Joint Status Report;

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THEREFORE, IT IS HEREBY STIPULATED between counsel for Plaintiff and counsel for
Defendants, subject to approval by the Court, that:

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1.

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2013 is vacated;

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2.

The last day for Plaintiff to file its FAC is July 29, 2013;

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3.

The last day for Defendants to file an Answer, or in the alternative, a Motion to Dismiss

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The current Motion is withdrawn and the hearing currently scheduled for August 12,

the FAC is August 26, 2013;
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The last day for Plaintiff to file an Opposition to the Motion to Dismiss the FAC is

September 23, 2013;

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5.

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October 7, 2013;

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6.

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The last day for Defendants to file a Reply to the Opposition to the Motion to Dismiss is

The hearing on the Motion to Dismiss the FAC will be scheduled for October 21, 2013,

at 2:00 p.m. in Dept. 5, or as soon thereafter as is convenient for the Court; and
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The initial Case Management Conference currently scheduled for September 30, 2013 at

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2:00 p.m. is continued to November 18, 2013 at 2:00 p.m., or the first date available to the Court

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thereafter, with the voluntary disclosures to be exchanged by the parties on or before the last day to file

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the Joint Status Report.

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SO STIPULATED.

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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 RE F IR ST A M EN D ED C O M PLAIN T
AN D M O TIO N TO D ISM ISS

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Dated: July 9, 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: July 9, 2013

REED SMITH LLP

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By:
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/s/ David S. Reidy
David S. Reidy, 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.

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ORDER
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Pursuant to the foregoing stipulation of the parties, IT IS SO ORDERED AS FOLLOWS:
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1.

The current Motion is withdrawn and the hearing currently scheduled for August 12,

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2013 is vacated;
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2.

The last day for Plaintiff to file its FAC is July 29, 2013;

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The last day for Defendants to file an Answer, or in the alternative, a Motion to Dismiss

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the FAC is August 26, 2013;
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4.

The last day for Plaintiff to file an Opposition to the Motion to Dismiss the FAC is

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September 23, 2013;
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5.

The last day for Defendants to file a Reply to the Opposition to the Motion to Dismiss is

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October 7, 2013;
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6.

Upon filing and proper notice, the hearing on the Motion to Dismiss the FAC will be

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scheduled for October 21, 2013, at 2:00 p.m. in Dept. 5; and
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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 RE F IR ST A M EN D ED C O M PLAIN T
AN D M O TIO N TO D ISM ISS

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7.

The initial Case Management Conference currently scheduled for September 30, 2013 at

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2:00 p.m. is continued to November 25, 2013 at 2:00 p.m., with the voluntary

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disclosures to be exchanged by the parties on or before the last day to file the Joint

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Status Report. The Joint Status Report shall be filed no later than November 12, 2013.

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Dated: July 10, 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 RE F IR ST A M EN D ED C O M PLAIN T
AN D M O TIO N TO D ISM ISS