Free Order - District Court of California - California

Case 3:08-cv-01493-JM-BLM

Document 19

Filed 07/14/2008

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DOWNEY BRAND LLP MICHAEL J. THOMAS (Bar No. 172326) APARNA RAJAGOPAL-DURBIN (Bar No. 218519) 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff Nutrishare, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Nutrishare, Inc., a California corporation, Plaintiff, v. BioRx, LLC, an Ohio Limited Liability Company, Defendant.

Case No. 2:08-CV-01252-WBS-EFB ORDER GRANTING REQUEST TO FILE NEWLY DISCOVERED EVIDENCE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

The Court, having considered Plaintiff's Request to File Newly Discovered Evidence in 18 support of Motion for Preliminary Injunction, and finding good cause therefor, hereby grants 19 Plaintiff's request. The Court hereby accepts for filing the Declaration of Kerry Stone Regarding 20 Actual Confusion and the Supplemental Declaration of Rodney Okamoto, and will consider this 21 evidence as if it had been submitted with Plaintiff's Motion for Preliminary Injunction, filed on 22 June 24, 2008. 23 IT IS SO ORDERED. 24 25 26 27 28
938133.1

Dated: July 9, 2008

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[PROPOSED] ORDER GRANTING REQUEST TO FILE NEWLY DISCOVERED EVIDENCE