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

Filing 43

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/18/2014 ORDERING that Plaintiff is allowed to file its Third Amended Complaint. Defendants' Answer to Plaintiff's Second Amended Complaint will stand as Defendants' answer to Plaintiffs Third Amended Complaint. (Zignago, K.) (Main Document 43 replaced on 2/19/2014) (Zignago, K.).

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Effie F. Anastassiou, Esq. (SBN 96279)
Stephen J. Beals, Esq. (SBN 226365)
ANASTASSIOU& ASSOCIATES
242 Capitol Street
Post Office Box 2210
Salinas, California 93902
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,
UNITED GENETICS TURKEY TOHUM FIDE A.S.,
formerly known as 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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UNITED GENETICS TURKEY TOHUM )
FIDE A.S., formerly known as TAT )
TOHUMCULUK A. S., a Turkish company, )
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Plaintiff,
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v.
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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,
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Defendants.
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____________________________________ )

CASE NO. 2:13-cv-00773-WBS-KJN
STIPULATION AND [PROPOSED] ORDER
TO FILE THIRD AMENDED COMPLAINT
Complaint filed April 19, 2013
Honorable William B. Shubb

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Plaintiff UNITED GENETICS TURKEY TOHUM FIDE A.S., formerly known as TAT

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TOHUMCULUK A. S. ("Plaintiff") and Defendants H.J. HEINZ COMPANY, L.P. and HEINZSEED,

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an unincorporated division of H.J. HEINZ COMPANY, L.P. (collectively, "Defendants") (collectively,

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the "Parties") hereby submit, through their undersigned counsel of record, the following Stipulation and

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Proposed Order:

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WHEREAS, currently the operative complaint in this matter is the Second Amended Complaint
filed by Plaintiff on December 4, 2013 (the “Second Amended Complaint”);1

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ECF No. 36.

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

Stipulation to File Third Amended Complaint

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WHEREAS, on January 31, 2014, Plaintiff changed its name from TAT TOHUMCULUK A.S.

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to UNITED GENETICS TURKEY TOHUM FIDE A.S., as reflected in the corporate documents

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attached hereto as Exhibit “A” and incorporated herein by reference;2

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WHEREAS, Plaintiff has amended its Second Amended Complaint to change Plaintiff’s name

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accordingly and a redlined version of Plaintiff’s proposed Third Amended Complaint (the “Proposed

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Third Amended Complaint”) as compared to the Second Amended Complaint is attached hereto as

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Exhibit “B” and incorporated herein by reference;

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WHEREAS, a clean version of Plaintiff’s Proposed Third Amended Complaint is attached
hereto as Exhibit “C” and incorporated herein by reference;
WHEREAS, Defendants have agreed to allow Plaintiff, upon this Court’s approval, to file its
Proposed Third Amended Complaint without having to file a motion to do so;

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WHEREAS, Plaintiff has agreed that Defendants will not need to file an answer to the Proposed

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Third Amended Complaint and that Defendants’ Answer to Plaintiff’s Second Amended Complaint3

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(the “Answer”) will remain the operative answer to the Proposed Third Amended Complaint;

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

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Plaintiff that Plaintiff be allowed to file its Proposed Third Amended Complaint and that Defendants’

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Answer will stand as Defendants’ answer to the Proposed Third Amended Complaint.

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SO STIPULATED.

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Dated: February 13, 2014

ANASTASSIOU & ASSOCIATES

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By:
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/s/ Effie F. Anastassiou
Effie F. Anastassiou, Esq.,
Attorneys for United Genetics Turkey
Tohum Fide A.S., formerly known as Tat
Tohumculuk A.S.

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The corporate documents concerning the name change are in the Turkish language, but are
immediately followed by an English translation of the corporate documents.
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ECF No. 37.

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

Stipulation to File Third Amended Complaint

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Dated: February 13, 2014

REED SMITH LLP

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By:

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s/ Andrew Amoroso
Andrew Amoroso, Esq.
Attorneys for Defendant
H.J. Heinz Company, L.P.,and HeinzSeed,
an unincorporated division of H.J. Heinz
Company, L.P.

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ORDER
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Appearing that good cause exists pursuant to the foregoing stipulation of the Parties, IT IS
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HEREBY ORDERED that Plaintiff UNITED GENETICS TURKEY TOHUM FIDE A.S., formerly
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known as TAT TOHUMCULUK A. S. ("Plaintiff"), be and hereby is allowed to file its Third Amended
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Complaint in the form attached to the Stipulation and [Proposed] Order to File Third Amended
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Complaint as Exhibit “C”.
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IT IS FURTHER ORDERED that Defendants’ Answer to Plaintiff’s Second Amended
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Complaint4 will stand as Defendants’ answer to Plaintiff’s Third Amended Complaint.
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SO ORDERED.
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DATED: February 18, 2014

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C :\C AED \iFolder\D SHU 2\inBO X \Signed\O rders Submitted to D ocketing\13cv773 U nited G enetics - Stip to file 3rd AC .w pd

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ECF No. 37.

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

Stipulation to File Third Amended Complaint

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