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State Development & Investment Co. Zhonglu Fruit Juice Co., Ltd. v. Haisheng Int'l, Inc.

United States District Court, D. New Jersey

November 24, 2014

STATE DEVELOPMENT AND INVESTMENT COMPANY ZHONGLU FRUIT JUICE CO., LTD., Plaintiff,
v.
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.

ORDER

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.");

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.


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