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United Genetics Turkey Tohum Fide A.S. v. H.J Heinz Company, L.P

United States District Court, E.D. California

February 19, 2014

UNITED GENETICS TURKEY TOHUM FIDE A.S., formerly known as TAT TOHUMCULUK A. S., a Turkish company, 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, Defendants.

Effie F. Anastassiou, Esq., Stephen J. Beals, Esq., ANASTASSIOU & ASSOCIATES, Salinas, California. Attorneys for Plaintiff, UNITED GENETICS TURKEY TOHUM FIDE A.S., formerly known as TAT TOHUMCULUK A. S.

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

STIPULATION AND [PROPOSED] ORDER TO FILE THIRD AMENDED COMPLAINT

WILLIAM B. SHUBB, District Judge.

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

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]

WHEREAS, on January 31, 2014, Plaintiff changed its name from TAT TOHUMCULUK A.S. to UNITED GENETICS TURKEY TOHUM FIDE A.S., as reflected in the corporate documents attached hereto as Exhibit "A" and incorporated herein by reference;[2]

WHEREAS, Plaintiff has amended its Second Amended Complaint to change Plaintiff's name accordingly and a redlined version of Plaintiff's proposed Third Amended Complaint (the "Proposed Third Amended Complaint") as compared to the Second Amended Complaint is attached hereto as Exhibit "B" and incorporated herein by reference;

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;

WHEREAS, Plaintiff has agreed that Defendants will not need to file an answer to the Proposed Third Amended Complaint and that Defendants' Answer to Plaintiff's Second Amended Complaint[3] (the "Answer") will remain the operative answer to the Proposed Third Amended Complaint;

THEREFORE, IT IS HEREBY STIPULATED between counsel for Defendants and counsel for Plaintiff that Plaintiff be allowed to file its Proposed Third Amended Complaint and that Defendants' Answer will stand as Defendants' answer to the Proposed Third Amended Complaint.

SO STIPULATED

ORDER

Appearing that good cause exists pursuant to the foregoing stipulation of the Parties, IT IS HEREBY ORDERED that Plaintiff UNITED GENETICS TURKEY TOHUM FIDE A.S., formerly known as TAT TOHUMCULUK A. S. ("Plaintiff"), be and hereby is allowed to file its Third Amended Complaint in the form attached to the Stipulation and [Proposed] Order to File Third Amended Complaint as Exhibit "C".

IT IS FURTHER ORDERED that Defendants' Answer to Plaintiff's Second Amended Complaint[4] will stand as Defendants' answer to Plaintiff's Third Amended Complaint.

SO ORDERED.


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