United States District Court, D. New Jersey
November 24, 2014
STATE DEVELOPMENT AND INVESTMENT COMPANY ZHONGLU FRUIT JUICE CO., LTD., Plaintiff,
HAISHENG INTERNATIONAL, INC., Defendant
APPEARANCES: CRAIG R. TRACTENBERG, NIXON PEABODY, LLP, NEW YORK, NY, On behalf of plaintiff.
MATTHEW SEAN INGLES, JAMES H. MCQUADE (pro hac vice), ORRICK HERRINGTON & SUTCLIFFE LLP, NEW YORK, NEW YORK, On behalf of defendant.
NOEL L. HILLMAN, UNITED STATES 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.");
IT IS on this 24th day of November 2014,
ORDERED that defendant's motion to dismiss plaintiff's complaint  is DENIED WITHOUT PREJUDICE.