Secrets costa rica lawsuit8/7/2023 ![]() In 1991, a Costa Rican farm known as Cabo Marzo, which was a seller of pineapple to Dole, allegedly obtained Del Monte's MD-2 variety plant material. At present, this brand of pineapple accounts for approximately forty-five percent of the pineapple market in the United States. In 1996, Del Monte began to sell the MD-2 variety in the United States under the name of "Del Monte Gold Extra Sweet." See Pl. *1276 In time, Del Monte ascertained that the MD-2 variety flourished in the soil and climate of Costa Rica, so it began to propagate the pineapples in its plantations located in that country. These pineapples had the advantage of a higher vitamin C content, a sweeter taste, more fiber, brighter color, a more pleasant smell, and a milder texture. Sometime after, Del Monte sent MD-2 plant materials to Costa Rica for further study in the nurseries of that country. The testing and development of the MD-2 variety occurred in Hawaii. This litigation concerns a dispute over the growth, marketing, and distribution of a certain variety of pineapple.ĭel Monte's complaint alleges that, over the course of many years, it and its predecessors developed a new variety of pineapple, which is known as MD-2. The parties in this case are engaged in the development, growth, processing, and distribution of fruits and vegetables. The defendants are Dole Food Company, Inc., a Hawaii corporation, and Dole Fresh Fruit Company, a Nevada corporation (collectively referred to as "Dole") each has its principal place of business in California. The plaintiffs in this case are Del Monte Fresh Produce Company, a Delaware corporation, and Del Monte Fresh Produce, N.A., Inc., a Florida corporation (collectively referred to as "Del Monte") each has its principal place of business in Florida. For the reasons discussed herein, the defendants' venue-based motions are denied, and the defendants' motion to dismiss for failure to state a claim is granted in part and denied in part. Alternatively, the defendants seek to transfer venue to the United States District Court for the Central District of California pursuant to 28 U.S.C. The defendants seek to dismiss the complaint based on forum non conveniens and failure to state a claim under Federal Rule of Civil Procedure 12(b) (6). §§ 1331, 1332, 1338, and 1367(a), and the defendants have waived any objections to personal jurisdiction. The court has federal question and diversity subject matter jurisdiction over this matter pursuant to 28 U.S.C. Count III, conversion and Count IV, deceptive and unfair trade practices under the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes § 501.204 et seq. Count II, misappropriation of trade secrets under the Florida Trade Secret Act, Florida Statutes § 688.001 et seq. ![]() The plaintiffs filed a four-count complaint against the defendants alleging as follows: Count I, reverse palming off in violation of the Lanham Act, 15 U.S.C. THIS CAUSE is before the court upon the defendants' motions to dismiss or to transfer venue (DE # 35, 38). Houlihan, Houlihan & Partners, Miami FL, for Daniel W. Friedman, O'Neill Lysaght & Sun, Santa Monica, CA, Gerald J. Vanderziel, Dole Food Company, Westlake Village, CA, for defendant.īrian O'Neill, Frederick D. Jones, Jones Day Reavis & Pogue, Los Angeles, CA, Kathleen M. Teater, Jones Day Reavis & Pogue, Dallas TX, Frederick L. Dawson, Bond Schoeneck & King, Naples, FL, James S. Harley Shepard Tropin, Gail Ann McQuilkin, Kozyak, Tropin & Throckmorton, Miami, FL, Robert C. Vassallo, Fitzpatrick Cella Harper & Scinto, New York City, Stuart Harold Singer, Boies Schiller & Flexner, Hollywood, FL, for plaintiffs. *1272 *1273 *1274 *1275 Carlos Mario Sires, Rima Youakim Mullins, Kirkpatrick & Lockhart, Miami, FL, Edward E. DEL MONTE FRESH PRODUCE COMPANY, and Del Monte Fresh Produce, N.A., Inc., Plaintiffs,ĭOLE FOOD COMPANY, INC., and Dole Fresh Fruit Company, Defendants.
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