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

Filing 34

STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 11/22/2013 CONTINUING the deadline for Defendants to file a responsive pleading to the Second Amended Complaint to 1/3/2014; CONTINUING the Initial Scheduling Conference to 1/6/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G)

Download PDF
1 2 3 4 5 David S. Reidy (SBN 225904) dreidy@reedsmith.com Andrew Amoroso (SBN 274673) aamoroso@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 6 7 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 Michael T. Scott (admitted pro hac vice) mscott@reedsmith.com REED SMITH LLP 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 Telephone: +1 215 851 8100 Facsimile: +1 215 851 1420 Attorneys for Defendant H.J. Heinz Company, L.P. and HeinzSeed, an unincorporated division of H.J. Heinz Company, L.P. 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 TAT TOHUMCULUK A. S., a Turkish company, 20 21 22 23 24 25 Case 2:13-cv-00773-WBS-KJN FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE Plaintiff, v. H.J. HEINZ COMPANY, L.P., a Pennsylvania Limited Partnership registered to do business in California, and HEINZSEED, an unincorporated division of H.J. HEINZ COMPANY, L.P, Current Hearing Scheduled: 26 December 23, 2013 2 p.m. 5, 14th Floor Compl. Filed: Defendants. Date: Time: Courtroom: April 19, 2013 Honorable William B. Shubb 27 28 2:13-cv-00773-WBS-KJN -1- FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE US_ACTIVE-114226947.2-007043-60088 1 STIPULATION 2 3 4 5 Plaintiffs TAT Tohumculuk A.S. (“Plaintiff”) and Defendants H.J. Heinz Company, L.P., and Heinzseed, an unincorporated division of H.J. Heinz Company, L.P. (collectively, “Defendants”) (collectively, the “Parties”) hereby submit, through their undersigned counsel of record, the following Stipulation and Proposed Order: 6 7 8 9 WHEREAS, on November 14, 2013, this Court entered its Memorandum and Order re Motion to Dismiss (Dkt. 32) granting in part and denying in part Defendants’ motion to dismiss Plaintiff’s First Amended Complaint, and granting Plaintiff until December 4, 2013, to file a Second Amended Complaint; REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 WHEREAS, Plaintiff intends to file a Second Amended Complaint on or before December 4, 2013; 12 13 14 WHEREAS, since the response to the Second Amended Complaint would be due during the holidays, the Parties hereby agree and stipulate that Defendants’ response to the Second Amended Complaint shall be due no later than January 3, 2014; 15 16 WHEREAS, the Status Conference in the above action is currently scheduled for December 23, 2013; 17 18 19 20 21 WHEREAS, the Parties agree that good cause exists to continue the Status Conference currently scheduled on December 23, 2013, to a date after Defendants respond to the Second Amended Complaint, and further request such a continuance to avoid a conflict between the currently scheduled Status Conference and scheduled end-of-year holidays for the counsel for both parties; and 22 23 24 25 26 27 WHEREAS, counsel for Plaintiff and Defendants stipulate to move the Status Conference hearing to January 6, 2014, when the parties are both mutually available, or to a date thereafter at the Court’s convenience; /// /// /// 28 2:13-cv-00773-WBS-KJN -2- FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE 1 2 3 4 5 6 7 8 /// THEREFORE, IT IS HEREBY STIPULATED between counsel for Defendants and counsel for Plaintiff that: The deadline for Defendants to file a responsive pleading to the Second Amended Complaint shall be January 3, 2014; and The Status Conference currently scheduled for December 23, 2013 at 2:00 p.m. is continued to January 6, 2014 at 2:00 p.m., or a date thereafter at the Court’s convenience. 9 SO STIPULATED. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 DATED: November 22, 2013 ANASTASSIOU & ASSOCIATES 12 13 By /s/ Effie F. Anastassiou Effie F. Anastassiou Attorneys for Plaintiff TAT TOHUMCULUK A.S. 14 15 16 DATED: November 22, 2013 REED SMITH LLP 17 18 By 19 20 21 /s/ David S. Reidy David S. Reidy 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. 22 23 24 25 26 27 28 2:13-cv-00773-WBS-KJN -3- FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE 1 ORDER 2 3 Appearing that good cause exists pursuant to the foregoing stipulation of the Parties, IT IS 4 HEREBY ORDERED that the deadline for Defendants to file a responsive pleading to the Second 5 Amended Complaint shall be January 3, 2014, and the Scheduling Conference currently scheduled 6 for December 23, 2013 at 2:00 p.m. is continued to January 21, 2014 at 2:00 p.m. A Joint Status 7 Report shall be filed no later than January 7, 2014. 8 SO ORDERED: 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 Dated: November 22, 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- FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL STATUS CONFERENCE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?