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Sunriver Trading Co. Limited v. Fresh Export LTDA

July 30, 2008

SUNRIVER TRADING COMPANY LIMITED, A CALIFORNIA CORPORATION DBA SUNRIVER SALES, PLAINTIFF,
v.
FRESH EXPORT LTDA, A BUSINESS FORM UNKNOWN; FRANCISCO VALENZUELA AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

First Amended Complaint Filing Deadline: 8/8/08

Motion to Dismiss Filing Deadline: 8/22/08

Opposition Filing Deadline: 8/29/08

Motion to Dismiss Hearing Date: 9/15/08 10:00 Ctrm. 3

Further Scheduling Conference Date: 10/17/08 8:15 Ctrm. 3

I. Date of Scheduling Conference.

July 30, 2008.

II. Appearances Of Counsel.

III. Summary of Pleadings

1. Plaintiff, a California fresh fruit broker, initiated a State Court action in the Tulare County Superior Court against the Defendants, Chilean exporters of fresh fruit, seeking $265,000.00 in damages, based on the alleged non-payment of an unpaid balance on two promissory notes in favor of Plaintiff dated September 5, 2006, and September 21, 2006. In its Amended Complaint, Plaintiff will allege that the notes were given by Defendant, Fresh Export, in return for monetary advances made to Defendant, Fresh Export, in connection with the purchase of fresh fruits from Defendant, Fresh Export.

2. The Defendants then removed this action to Federal Court, based on diversity of citizenship between Plaintiff and Defendants. The Defendants then filed a motion to dismiss the action, alleging: (1) that this Court lacks personal jurisdiction over the Defendants due to lack of minimum contact by either Chilean Defendant with California, (2) that the forum is inconvenient for the resolution of the dispute for both Plaintiff and Defendants, and (3) that Plaintiff has failed to state any claim against, and have failed to serve, Defendant Francisco Valenzuela with process.

3. In its Amended Complaint, Plaintiff will contend that a correct balance of $147,000.00 remains unpaid on the two promissory notes and that the Court has diversity jurisdiction over this action. Plaintiff will allege that this Court has both personal and subject matter jurisdiction over Defendant Fresh Export LTDA and that the current forum is convenient and proper for resolution of this dispute. Plaintiff intends to dismiss Defendant Francisco Valenzuela from this action and file a First Amended Complaint prior to the date set to hear Defendants' motion to dismiss, August 18, 2008. Defendant Fresh Export has consented to the filing of such Amended Complaint.

4. The hearing currently scheduled for August 18, 2008, for Defendants' motion to dismiss should be postponed pending the presentation of the Amended Complaint. In any case, Defendant Fresh Export has indicated that it expects to file a revised motion to dismiss the Amended Complaint. Defendant Fresh Export has not filed an Answer pending the resolution of its current motion ...


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