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

Filing 31

THIRD STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/6/13 ORDERING the Initial Scheduling Conference RESET for 12/23/13 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 12/9/13. (Becknal, R)

1
2
3
4
5

David S. Reidy (SBN 225904)
[e-mail]
Andrew Amoroso (SBN 274673)
[e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]

6
7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12
13
14
15

Michael T. Scott
(admitted pro hac vice)
[e-mail]
REED SMITH LLP
2500 One Liberty Place
1650 Market Street
Philadelphia, PA 19103
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
H.J. Heinz Company, L.P., sued erroneously as
“H.J. Heinz Company” and HeinzSeed, an
unincorporated division of H.J. Heinz Company,
L.P.

16
UNITED STATES DISTRICT COURT
17
EASTERN DISTRICT OF CALIFORNIA
18
19
20

TAT TOHUMCULUK A. S., a Turkish company,

22
23
24
25
26

THIRD STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL STATUS
CONFERENCE

Plaintiff,

21

Case 2:13-cv-00773-WBS-KJN

vs.

Current Hearing Scheduled:
Date:
November 25, 2013
Time:
2 p.m.
Courtroom:
5, 14th Floor

H.J. HEINZ COMPANY, a Pennsylvania
corporation registered to do business in
California, and HEINZSEED, a division of H.J.
HEINZ COMPANY,

Compl. Filed:

Defendants.

April 19, 2013

Honorable William B. Shubb

27
28
2:13-cv-00773-WBS-KJN

-1-

THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE
US_ACTIVE-114226947.2-007043-60088

1
2
3
4
5
6
7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12
13
14
15
16
17
18
19
20
21
22
23

STIPULATION
Plaintiffs TAT Tohumculuk A.S. (“Plaintiff”) and Defendants H.J. Heinz Company, L.P.,
sued erroneously as “H.J. Heinz Company” and HeinzSeed, an unincorporated division of H.J. Heinz
Company, L.P. (“Defendants”) (collectively, the “Parties”) hereby submit, through their undersigned
counsel of record, the following Stipulation and Proposed Order:
WHEREAS, on April 22, 2013, this Court issued its Order Re: Status (Pretrial Scheduling)
Conference, which set the Status Conference in the above action for July 22, 2013 (Doc. No. 5);
WHEREAS, on June 27, 2013, pursuant to the stipulation of the Parties, the Court ordered
the Status Conference continued to September 30, 2013 (Doc. No. 20);
WHEREAS, on July 12, 2013, pursuant to the stipulation of the Parties, the Court ordered the
Status Conference continued to November 25, 2013 (Doc. No. 22);
WHEREAS, on October 21, 2013, the Court heard oral argument on Defendants’ Motion to
Dismiss Plaintiff’s First Amended Complaint (Doc. No. 29), and has not yet ruled on Defendants’
Motion;
WHEREAS, counsel for Defendants and Plaintiff wish to stipulate to move the Status
Conference hearing to a date after the Motion is decided;
WHEREAS, counsel for Defendants and Plaintiff believe that good cause exists to continue
the status conference in order to preserve the time and resources of the Court and the Parties;
THEREFORE, IT IS HEREBY STIPULATED between counsel for Defendants and counsel
for Plaintiff that:
The Status Conference currently scheduled for November 25, 2013 at 2:00
p.m. is continued to a date after the Court rules on Defendants’ Motion to
Dismiss Plaintiff’s First Amended Complaint.

24
25

SO STIPULATED.

26
27
28
2:13-cv-00773-WBS-KJN

-2-

THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE

1

DATED: November 6, 2013

ANASTASSIOU & ASSOCIATES

2
3
By
Effie F. Anastassiou
Attorneys for Plaintiff
TAT TOHUMCULUK A.S.

4
5
6

DATED: November 6, 2013

REED SMITH LLP

7
8

By

9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11

/s/ Andrew Amoroso
Andrew Amoroso
Attorneys for Defendant
H.J. Heinz Company, L.P., sued erroneously as “H.J.
Heinz Company” and HeinzSeed, an unincorporated
division of H.J. Heinz Company, L.P.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2:13-cv-00773-WBS-KJN

-3-

THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE

1
2
3

ORDER

4
5

Appearing that good cause exists pursuant to the foregoing stipulation of the Parties, IT IS

6

HEREBY ORDERED that the Status Conference currently scheduled for November 25, 2013 at 2:00

7

p.m. is continued to December 23, 2013 at 2:00 p.m. in Courtroom 5, 14th Floor. A Joint Status

8

Report shall be filed no later than December 9, 2013.

9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

Dated: November 6, 2013

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2:13-cv-00773-WBS-KJN

-4-

THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE