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08-078 - SunOpta, Inc. et al v. Abengoa Bioenergy New Technologies, Inc. et al


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08-078 - SunOpta, Inc. et al v. Abengoa Bioenergy New Technologies, Inc. et al
March 20, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Abengoa's Motion to Compel Arbitration 33 is GRANTED with respect to Counts I, II, and III of SunOpta's Amended Complaint. IT IS FURTHER ORDERED that Abengoa's Motion to Dismiss 33 is DENIED without prejudice. IT IS FURTHER ORDERED that all SunOpta's claims against Abengoa are STAYED pending completion of the arbitration process. IT IS FURTHER ORDERED that SunOpta's Motion for Preliminary Injunction 7 is DENIED without prejudice with respect to Abengoa. IT IS FURTHER ORDERED that SunOpta's Motion for Expedited Discovery and to Preserve Evidence 9 is DENIED without prejudice with respect to Abengoa. IT IS FURTHER ORDERED that this matter is set for a telephonic status conference on Monday, September 29, 2008, at 10:00 am. SunOpta is to initiate the phonecall.Telephone Conference set for 9/29/2008 10:00 AM in Telephone before Honorable Jean C. Hamilton. Signed by Honorable Jean C. Hamilton on 3/20/08. (TRC)
March 20, 2008
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MEMORANDUM AND ORDER: MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Weidong He's Motion to Compel Arbitration 42 is GRANTED with respect to Count I of SunOpta's Complaint. IT IS FURTHER ORDERED that IT IS FURTHER ORDERED that Defendant Weidong He's Motion to Stay All Court Proceedings 42 is GRANTED, and all SunOpta's claims against Weidong He are STAYED pending completion of the arbitration process. IT IS FURTHER ORDERED that SunOpta's Motion for Preliminary Injunction and for Expedited Discovery and to Preserve Evidence 7 and 9 are STAYED with respect to Weidong He, pending completion of the arbitration process. IT IS FURTHER ORDERED that SunOpta's Motion to Strike Untimely Declarations and Facts Submitted in Weidong He's Reply Memorandum or, Alternatively, for Leave to File a Sur-Reply 55 is DENIED without prejudice. IT IS FURTHER ORDERED that SunOpta's Motion for Leave to File Exhibits to Murray J. Burke Declaration under Seal 58 is GRANTED. IT IS FURTHER ORDERED that SunOpta's Motion for Oral Argument 59 is DENIED without prejudice. IT IS FURTHER ORDERED that this matter is set for a telephonic status conference on Monday, September 29, 2008, at 10:00 am. SunOpta is to initiate the phonecall. Signed by Honorable Jean C. Hamilton on 3/20/08. (TRC)