STATE DEVELOPMENT AND INVESTMENT COMPANY ZHONGLU FRUIT JUICE CO., LTD. v. CLEMENT PAPPAS & COMPANY, INC. et al

Filing 46

ORDER denying without prejudice 13 Motion to Dismiss. Signed by Judge Noel L. Hillman on 11/24/14. (dd, )

NITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
STATE DEVELOPMENT AND
INVESTMENT COMPANY ZHONGLU
FRUIT JUICE CO., LTD.,
Plaintiff,

Civil No. 14-512 (NLH/AMD)

ORDER

v.
HAISHENG INTERNATIONAL, INC.,
Defendant.

APPEARANCES:
CRAIG R. TRACTENBERG
NIXON PEABODY, LLP
437 MADISON AVENUE
NEW YORK, NY 10022-7001
On behalf of plaintiff
MATTHEW SEAN INGLES
JAMES H. MCQUADE (pro hac vice)
ORRICK HERRINGTON & SUTCLIFFE LLP
51 WEST 52ND STREET
NEW YORK, NEW YORK 10019-6142
On behalf of defendant
HILLMAN, District Judge
This matter having come before the Court on the motion of
defendant Haisheng International, Inc. to dismiss the complaint
filed against it by plaintiff State Development and Investment
Company Zhonglu Fruit Juice Co., Ltd. (“SDICZL”); and
SDICZL claiming that Haisheng has misappropriated its trade
secrets and confidential business information regarding an
illegal knock-off of SDICZL’s specially manufactured sweet

potato juice concentrate that is a critical and key component of
Campbell Soup’s V8 V-Fusion product; and
Haisheng moving to dismiss SDICZL’s complaint on several
bases; but
During the pendency of Haisheng’s motion, SDICZL having
filed a motion for leave to file an amended complaint; and
The Court finding that the sufficiency of SDICZL’s claims
against Haisheng should be considered in the context of
evaluating SDICZL’s proposed first amended complaint, see
Massarsky v. General Motors Corp., 706 F.2d 111, 125 (3d Cir.
1983) (“The trial court may properly deny leave to amend where
the amendment would not withstand a motion to dismiss.”);
Accordingly,
IT IS on this

24th

day of

November

2014,

ORDERED that defendant’s motion to dismiss plaintiff’s
complaint [13] is DENIED WITHOUT PREJUDICE.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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